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GENERAL  LAWS 


OF   THE 


NINTH  LEGISLATURE 


OF    THE 


STA.TE    OF    TEX^S. 


i 


BY  AUTHORITY 


rRINTKD  LY  E.  U.  CU3UIN0,  TELBORAPH  BOOK  AND  JOB  KSTABLISHMEM. 

1862. 


GENERAL    LAAVS. 


CHAPTER  I. 


AN  ACT  proriding  for  the  ptiymrnt  of  the  per-dicm  of  the  members  and  offieers  of 

the  Ninth  Legislature. 

SECTION'  ].  Be  it  enneted  Inj  the  Legialature  of  the  State  of  Texan,  Tliat  the 
811111  of  twelve  tlioiisaiid  dollars  l)c  ami  the  same  is  hcrehy  apjirojiriated,  out 
of  any  money  in  the  Treasury  not  otlicrwise  appropriated,  towards  the  pay- 
ment of  the  per  diem  of  the  members  and  officers  of  tlie  Legislature,  and  the 
certifioate  of  the  Chief  Clerk  of  the  House  of  Representatives  and  Secretary 
of  the  Senate  shall  be  authority  for  the  Comptroller  to  draw  his  warrant  upon 
tlie  Treasurer  for  tlie  several  amounts  to  which  the  members  and  officers  arc 
respectively  entitled. 

Sfx'.  2.     That  this  act  take  effect  from  and  after  its  passage. 

Ani.rovfd  Xovcinlicr  21st.  l-^lM. 


CHAPTER  II. 
J.V  ACT  to  niiiend  artieic  2>*4  of  tfw  Penal  Code  of  the  State  of  Terns. 
•  Tiox  ].'    Re   it  enarted  by  the    Legislature   of  the  State   (f    Texas,  That 
2*^4  of  the  Penal  Code  be  so  amended  as  hereafter  to  read  as  follows: 
'  -■  ]    -■  ■  li  shall  wilfully  disturb  any  congregation  as.sembied  for  religious 
iducting  thfiu.iielves  in   a  lawful  manner,  whatever  may  be  the 
I    j  1   ;     -.d  by  such  congregation,  he  may  be  put  under  restraint  by  any 
officer,  present,  during  (he  continuance  (if  such  religious  worship  ;  and  in 
on  thereto,  he  .shall,  on  conviction,  be  fined  a  sum  not  less  than  five  nor 
than  one  hnndp'd  dollars. 

.  2.     This  act  [shall]  be  in  force  from  and  after  its  passage.  , 

provf.l  November  2'M,  1861. 


CHAPTER  III. 

\CT  to  nmrnd  the  l.vf  seetion  of  an  art  rnlilled.  "An  Art  to  amend  the  ith  fet- 
.  of  the  art  of  May  12f/i,  If4'>,  entitled  '  An  Act  to  rraiilatf  the  liemse  and prae- 
of  Attorneys  and  Counsellors  at  Lair;'"  and  to  amend  tiu  2</  seetion  of  the 
of  February  Wth,  lrC>4,  entitlfd  "An  Aet  to  amend  the  \)th  and  \Ulh  sertions 
'in  art  to  regulate  the.  license  and  practice  of  Attorneys  and  Counsellors  at 
ir.'' 

TION  1.  Rr  it  enartfdby  the  Legislature  of  the  State  of  Texas,  That  the  1st 
n  of  tlie  above  entitled  act  i«  hereby  amended,  so  that  the  same  f-hall  here- 
read  as  followB,  to  wit :  * 


Every  person  admitted  to  practice  law  shall,  before  receiving  license,  take  an 
oath  that  he  will  support  the  Constitution  of  this  State,  and  the  Con.stitution  of  the 
Confederate  States,  so  long  as  Texas  shall  remain  a  member  thereof;  that  he  will 
honestly  demean  himself  in  tlie  practice  of  the  law,  and  will  discharge  his  duties 
to  his  clients  to  the  best  of  his  ability.  Which  oath  shall  bo  endorsed  upon  his 
license,  subscribed  by  him,  and  attested  by  the  officer  administering  the  same. 

Skc.  2.  That  an  act  entitled  as  above,  approved  April  1st,  1861,  be  and  the 
same  is  hereby  repealed  ;  and  that  this  act  take  effect,  and  be  in  force  from  and 
-after  its  passage. 

Approved  November  27, 1861.  • 

CHAPTER   IV. 

^N  ACT  supplementary  to  an  act  entitled  "An  Act  authorizing  the  issuing  of 

Duplicate  Land  Warrants,  Discharges,  and  Duplicates  fur  Jleadright  Claims," 

upon  certain  conditions. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  when 
any  person  may  have  applied  for  and  obtained  a  Duplicate  Land  Warrant, 
Discharge,  or  lieadright  Certificate,  under  the  provisions  of  the  act  to  which  this 
is  a  Supplement,  and  may  have  lost  such  Duplicate,  such  person  shall  be  entitled 
to  demand  and  receive  a  Triplicate  of  the  same,  so  lost,  by  complying  with 
the  above  recited  act. 

Sec.  2.  That  this  act  shall  take  eflect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  November  27th,  1661. 

CHAPTER  V. 

-AN  ACT  to  provide  for  the  sale  of  certain  property  belonging  lo  the  State,  now  in 
^Ae  hands  of  the  Adjutant  General;  and  for  the  payment  of  the  proceeds  of  such 
sale  in  money,  Treasury  warrants,  or  other  liabilities  of  this  State. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Adjutant  General  be  and  he  is  Jiereby  required  to  sell,  or  cause  to  be  sold,  within 
the  limits  of  twenty  days,  and  after  having  advertised  said  sale  by  notice  sent  out 
to  other  counties  for  at  least  ten  daj'S  before  said  sale,  or  as  soon  thereafter  as  pos- 
sible, at  the  city  of  Austin,  and  to  the  highest  bidder,  any  and  all  perishable  pro- 
perty now  owned  by  the  State,recent]y  in  the  possession  of  Quartermaster  Dcbray, 
consisting  of  nuiles,  horses,  ambulances,  harness,  camp  equipage,  &c. ;  t^ie  pro- 
ceeds of  such  sale  to  be  in  money,  Treasury  warrants,  or  other  legal  or  audited 
claims  against  the  State  of  Texas,  and  by  him  paid  into  the  Treasury  ;  and  that 
the  necesary  expenses  of  such  sale  be  paid  by  the  Treasurer,  on  the  order  of  the 
Adjutant  General. 

Sec.  2.    That  fifty  dollars,  or  so  much  thereof  as  may  be  necessary  to  carry 
into  effect  the  provisions  of  section  one  of  this  act,  be  and  the  same  is  hereby 
appropriated  out  of  any  unappropriated  money  now  in  the  Treasiuy  ;  and  that 
this  act  take  effect  from  and  after  its  passage. 
Approved  NovemJ)er  27th,  1861. 

CHAPTER   VI. 

AN  ACT  to  promote  the  construction  of  an  efficient  War  Marine  by  the  Confeder- 
ate Government. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  five  hundred  dollars  be  and  the  same  is  hereby  appropriated  out  of  any 
money  in  the  Treasury,  not  otherwise  appropriated,  for  the  purpose  of  assisting 
Robert  Creuzbaur  in  submitting  his  invention,  styled  the  "' Sea  King,"  to  the 
War  Department  of  the  Confederate  States  for  examination  ;  and  in  the  prepara- 
tion of  such  drawings,  and  the  construction  of  such  models  as  may  be  required 
by  that  Department  in  making  such  examination. 


Sec.  2.  Beit  further  enacted  ,Th;it  the  Comptroller  V  and  he  is  hereby  requirecF 
to  draw  his  warrant  on  the  Treasurer,  io  favor  of  Robert  Crenzbanr,  for  the  sum 
appropriated  by  the  1st  section  of  this  act,  and  that  the  Treasurer  pay  the  same 
as  lierein  provided. 

Skc.  3.  Be  it  further  enacted,  Tiiat  the  said  sum  of  five  hundred  dollars  shall 
be  returned  into  the  Treasury  of  the  State  out  of  any  profits  which  he,  the  said 
Robert  Creuzbaur.  may  derive  from  the  use  of  his  invention. 

Sec.  4.  Be  it  further  enacted,  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passap^e. 

Approved  November  27th,  ISCil . 


CHAPTER  VII. 

AN  ACT  Suspending  all  laws  for  the  collection  of  debts  and  liahilitics  on  bonds, 
promissory  not(s,  hills  oj  exchange,  and  contracts  for  the  payment  of  money,  un- 
til thefrst  day  of  January,  1864,  or  nntil  six  months  after  the  close  of  the  pres- 
ent xcar  should  it  terminate  before  the  date  named,  or  until  otherwise  provided  by 
law. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  until 
the  first  day  of  January.  1864,  or  until  six  months  after  the  close  of  the 
present  war,  should  it  terminate  before  the  date  named,  or  until  otherwise 
provided  by  law,  all  laws  for  the  collection  of  debts,  and  liabilities  on  bonds, 
promissory  notes,  bills  of  exchange,  and  contracts  for  the  payment  of  money, 
except  in  cases  of  official  liabilities  on  the  part  of  public  officers,  liabilities 
and  indebtedness  to  the  State,  and  also  where  money  has  been  received  on 
dej)Osit,  or  in  trust  for  those  who  may  be  entitled  to  the  same,  and  for  the 
collection  of  tlie  interest  on  the  money  loaned  at  interest  by  guardians,  be- 
longing to  their  wards;  arc  hereby  suspended,  provided  that  this  act  shall 
not  be  construed  to  forbid  the  issuance  of  writs  of  attachment,  sequestration, 
or  injunction,  nor  the  institution  of  necessary  preliminary  proceedings  for 
that  jiurpose  in  accordance  with  existing  laws,  and  provided  further,  that 
tins  act  shall  not  ap]ily  to  any  claim  or  demand  against  alien  enemies,  and 
provided  further,  that  this  act  shall  not  be  so  construed  as  to  interfere  with 
the  action  of  the  Supreme  Court  in  deciding  all  cases  as  now  directed  by 
law. 

Sec.  2.  That  this  act  shall  not  apply  to  parties  who  have  cases  now 
pending  in  the  Courts  who  agree  in  open  Court  to  proceed  to  trial. 

Sec.  3.  That  until  the  expiration  of  the  time  named  in  the  first  section 
of  this  act,  or  until  otherwise  provided  by  law ;  no  execution  or  venditioni 
exponas  founded  upon  any  judgment,  or  decree,  obtained  previous  to  the 
passage  of  this  act,  shall  be  issued  for  the  sales  of  property,  nor  shall  there 
be  any  sales  under  execution,  or  writs  of  venditioni  exponas  now  issued,  or 
levied,  imlcss  the  judgment-creditor,  or  his  Agent,  or  Attorney,  shall  make 
an  affidavit  in  writing,  before  the  Justice  of  the  Peace,  or  the  Clerk  of  the 
Court  to  whom  he  shall  apply  for  said  execution,  or  rcnditioni  exponas,  that 
the  defendant  is  about  to  remove  his  property  beyond  this  State,  or  the 
County,  where  the  judgment,  or  decree  was  rendered,  or  that  he  is  about  to 
transfer,  or  secrete,  or  has  transfered,  or  secreted  bis  property  for  the  purpose 
of  defrauding  his  creditors,  and  that  thereby  the  plaintiff  will  probably  lose 
his  debt,  and  he  shall  also  swear  that  the  writ  is  not  sued  out  for  the  pur- 
pose of  injuring  the  defendant ;  provided.  That  any  debtor  or  defendant  who 
may  have  property  in  the  hands  of  the  Sheriff,  or  other  officer,  under  levy  of 
execution  or  venditioni  exponas,  shall,"%vithin  sixty  days  after  the  pa.ssagc  of  this 
act,  replevy  the  same  \m  giving  bond  in  double  the  value  of  the  property  or 
the  amount  of  the  debt,  if  it  be  less,  with  good  and  sufficient  security,  pay- 
able to  the  jdaintiff  in  the  writ,  for  the  forthcoming  of  the  pro])erfy  when  the 
remedies  for  the  collection  of  debts  liercby  suspended  shall  be  revived. 

Sec.  4.  That  this  act  shall  not  be  construed  to  discharge  the  lien  vvbicb 
has  already  been  acquired  by  due  process  of  law,  nor  shall  the  time  during 


nvhicli  this  law  is  in  force,  be  computed  in  any  case  where  the  statute  of  limi- 
-tation  comes  in  (juestion. 

Sec.  5.  Tliat  during  the  time  named  in  this  act,  or  until  otherwise  pro- 
vided by  law,  it  shall  not  l)e  necessary  to  issue  execution  or  writs  of  rendi- 
/jowi  c:r;;oH«s  to  prevent  judo-ments  from  becomino:  dormant,  nor  shall  it  be 
necessary  for  the  holder  of  any  bill  of  exchange,  or  promissory  note,  to 
bring  suit  against  the  acceptor  of  such  bill  of  exchange,  or  against  the  maker 
of  such  promissory  note,  in  order  to  secure  and  tix  the  liability  of  any  drawer 
or  endorser  of  such  bill  of  exchange,  or  any  endorser  of  such  promissory 
note. 

Sec.  6.  That  during  the  time  named  in  the  first  section  of  this  act,  or 
until  otherwise  provided  b}'  law,  there  shall  be  no  sales  of  property  under 
deeds  of  trust,  or  mortgages,  or  hypothecations  in  writing ;  but  the  benefi- 
ciaries under  the  same  shall  be  entitled  to  the  benefits  of  the  writ  of  seques- 
tration in  accordance  with  the  existing  laws ;  provided,  That  in  all  cases 
where  the  property  conveyed  by  deeds  of  trust,  or  mortgages  with  power  of 
sale  in  the  mortgage,  may  be  of  a  perishable  nature,  and  liable  to  depre- 
ciation in  value  by  lapse  of  time,  the  beneficiaries  in  such  deeds  of  trust  or 
mortgages,  shall,  after  the  maturity  of  tha  same,  be  entitled  to  the  benefits  of 
tlie  writ  of  sequestration  i^pon  making  affidavit  in  Avriting  before  the  officer 
to  whom  he  shall  apply  for  said  writ  as  follows,  viz  : 

First,  That  he  holds  an  unsatisfied  deed  of  trust,  or  mortgage  upon  the  pro- 
perty sought  to  be  sequestrated,  and  which  shall  be  described  in  the  affidavit, 
and  shall  also  state  that  the  debt  secured  by  said  deed  of  trust,  or  mortgage, 
is  due  and  unpaid  and  the  amount  thereof. 

Second,  That  said  property  is  of  a  perishable  nature,  and  is  depreciating 
in  value,  or  that  it  is  being  wasted  by  the  person  in  possession  of  the  same, 
and  that  by  reason  of  such  depreciation  or  waste,  the  security  provided  by 
such  deed  of  trust,  or  mortgage,  will  become  insufficient  before  the  lapse  of 
time  provided  for  in  this  act,  for  the  payment  of  the  amount  due  on  said  deed 
of  trust  or  mortgage, — and  thereupon,  said  writ  of  sequestration  shall  be 
issued,  and  the  property  sequestrated  may  be  replevied  by  the  debtor  or 
grantor  in  said  deed  of  trust,  or  mortgage,  or  in  default  thereof  by  the  bene- 
ficiary therein  as  now  provided  by  law  under  the  act  regulating  seques- 
trations. 

Sec.  7.  That  during  the  time  named  in  this  act,  or  until  otherwise  pro- 
vided by  law,  no  property  of  any  soldier,  seaman,  or  marine,  now  or  here- 
after engaged  in  the  military  or  naval  service  of  the  Confederate  States  of 
America,  or  the  State  of  Texas,  shall,  during  such  service,  be  levied  on 
under  execution,  or  sold  by  virtue  of  any  levy  heretofore  made.  Nor  shall 
the  property  of  any  such  soldier,  or  marine,  be  subject  to  attachment  or  writs 
of  venditioni  exponas,  or  sequestration,  during  his  continuance  in  said 
service. 

Sec.  b.  That  .this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  December  7th,  1861. 


CHAPTEE   VIII. 


JiJ^  ACT  legalizing  the  action  of  various  County  Courts  in  issuing  Bonds 
for  military  purposes,  and  providing  a  tax  for  the  redemption  of  the  same. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  action  of  such  of  the  County  Courts  of  this  State,  as  have  issued,  or  pro- 
vided for  the  issuance  of  county  bonds  of  their  counties  for  military  purposes, 
or  for  the  support  and  carrying  on  of  the  war,  now  existing  between  the  Con- 
federate States  of  America  and  the  United  States,  is  hereby  validated  in  all 
respects,  and  such  bonds  shall  be  as  Valid  and  binding  upon  the  counties  issu- 
ing the  same,  as  though  they  had  been  issued  or  provided  to  be  issued  in  strict 
accordance  with  pre-existing  laws ;  and  all  acts  of  such  county  courts  in  levy- 


ing,  or  providing  for  the  levy  of  taxes  for  the  purpose  of  payinj^  such  bonds, 
or  the  interest  thereon,  are  hereby  validated  and  made,  in  all  respects,  valid 
and  binding  on  such  counties. 

Sec,  2.     This  act  shall  be  in  force  from  and  after  its  passage.] 

Approved,  December  'J,  1861. 

CHAPTER  IX. 

AJV  ACT  relating  to  forfeitures  in  certain  cases  of  bail  bonds  and  recogniz' 

ances.  in  cases  of  misde>neanor. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
during  the  continuance  of  the  existing  war  between  the  Confederate  States 
of  America  and  the  United  States,  no  forfeiture  of  any  bail  bond  or  recog- 
nizance, executed  or  entered  into  by  f  ny  defendant  or  surety  for  a  defendant, 
witness,  or  surety  for  a  witness,  in  any  case  of  misdemeanor,  shall  be  taken 
or  entered  by  any  court  in  this  State,  against  such  defendant,  or  surety  for 
defendant,  witness,  or  surety  for  witness,  while  such  defendant  or  witness 
shall  be  in  the  military  or  naval  service  of  the  Confederate  States  of  America, 
or  of  this  State ;  nor  shall  any  such  forfeiture  be  taken  or  entered  against  any 
such  surety  of  a  defendant  or  witness,  while  such  surety  shall  be  in  such 
service. 

Sec.  2.  This  act  shall  take  effect,  and  bo  in  force  from  and  after  its  pas- 
sage, and  shall  cease  to  be  of  force  or  effect  from  and  after  the  establishment 
of  peace  between  the  Confederate  States  and  the  United  States. 

Approved,  December  9,  1861. 

CHAPTER  X. 

AjX  act  tnalxing  an  appropriation  to  defray  the  contingent  expenses  of  the 

A^inth  Legislature. 

Section  1.  Be  it  enacted  by  the  Lrgislature  of  the  State  of  Texas,  That 
the  sum  of  four  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be 
and  the  same  is  hereby  appropriated  to  pay  the  contingent  expenses  of  the 
Ninth  Legislature. 

Sec,  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  9,  1861. 


CHAPTER  XI. 

AA"  ACT  defining  the  pay  of  the  State    Troops  under  the  command  of  Col. 

John  S.  Ford,  on  the  Rio  Grande. 

Section  1.  Be  it  enacted  by  the  Legifilature  of  the  State  of  Texas,  That 
all  State  Troops  called  into  service  by  authority  of  the  Convention  of  Texas, 
or  the  Governor  of  the  State,  on  the  Kio  Grande  for  the  year  1861,  under  com- 
mand of  Col.  John  S.  Ford,  that  served  on  the  Lower  Kio  Grande,  and  were 
mustered  out  of  service  by  Charles  Loven.skiold,  sliall  receive  the  same  pay 
and  allowance,  as  are  allowed  for  similar  services,  according  to  army  regula  • 
tious,  for  the  year  1857,  as  adopted  liy  this  State. 

Sec.  2.  That  the  Comptroller  l)e  authorized  and  required  to  audit  all 
claims  arising  under  the  first  section  of  this  act,  and  cause  the  same  lo  be  paid 
out  of  any  General  Frontier  approjtriafions. 

Sec.  3.    That  this  act  take  effect  from  and  after  its  passage. 

Approved,  December  14,  1861. 

CH/TPTER  XII. 

AJV  ACT  allotting  the  laws  of  any  of  the  Confederate  Slates  to  be  received 
in  evidence. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 


a  printed  volume  or  book,  purporting  or  appearing  upon  the  face  of  it,  tfr 
contain  the  laws  of  any  State  of  the  Confederate  States  of  America,  or  any 
Territory  thereof,  may  be  received  as  prima  facie  evidence  of  the  laws  of  such 
State,  whenever  such  laws  shall  come  in  question  in  the  trial  of  any  case  in 
any  court  of  this  State. 

Sec.  2.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  17,  1861. 

CHAPTER  XIII. 

AJV  ACT  to  amend  the  second  section  of  Jin  Act  entitled  An  Act  to  regulate 

interest. 

Section  1.    Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That 
the  second  section  of  an  act  entitled  "jan  act  to  regulate  interest,"  be  amended 
so  that  the  same  shall  hereafter  read  as  follows,  to- wit :  That  on  all  written 
contracts,  ascertaining  the  sum  duo  when  no  specific  premium  or  rate  of  in-  _ 
terest  is  expressed,  interest  shall  be  taken,  recovered  and  allowed  at  the  rate^ 
of  eight  per  centum  per  annum,  from  and  after  the  said  sum  is  due  and  pay-  , 
able ;  and  that  on  all  open  accounts,  when  no  specific  rate  of  interest  is  agreed 
upon,  interest  shall  be  taken,  recovered  and  allowed  at  the  rate  of  eight  per 
centum  per  annum,  from  the  first  day  of  January  of  each  year,  after  such  ac- 
counts are  made. 

Sec.  2.     That  this  act  take  effect  from  and  after  its  passage. 

Approved,  December  17,  1861. 

CHAPTEE  XIV. 
AJV  A€T  to  change  the  names  of  the  Coimties  of  Cass  and  Buchanan. 

Section  1.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  names  of  the  Counties  of  Cass  and  Buchanan,  be  changed  to  Davis  and 
Stephens,  respectively,  (in  honor  of  Jeff.  Davis,  President,  and  A.  H.  Ste- 
phens, Vice  President  of  the  Confederate  States  of  America.) 

Sec.  2.  That  all  processes  heretofore  issued  from  either  of  said  counties, 
be  as  valid  as  if  the  same  had  been  issued  in  the  name  of  the  counties  of  Davis 
and  Stephens. 

Sec.  3.  That  all  laws  in  conflict  with  this  act  be,  and  are  hereby  repeal- 
ed ;  and  this  act  take  efiect  from  and  after  its  passage. 

Approved,  December  17,  1861. 


CHAPTER  XV. 

AN  ACT  for  the  benefit  of  irrigable  property. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 
person  or  persons  amenable  to  the  laws  governing  irrigation,  who  may  refuse 
to  work  on  any  ditch  or  aqueduct  when  summoned  by  the  proper  authority, 
may  be  cited  before  any  Justice  of  the  Peace  in  the  precinct  where  he  or  they 
may  reside,  and  fined  not  less  than  one  nor  more  than  five  dollars,  for  each 
and  every  offence  or  refusal. 

Sec.  2.  That  this  act  shall  take  eflPect  and  be  in  force  from  and  after  its 
passage. 

Approved  December  20th,  1861. 


CHAPTER  XVI. 

AN  ACT  0  provide  for  the  protection  of  the  Frontier  of  the  State  of  Texa. 

Section  1.  Beit  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  there 
shall  be  raised  a  regiment  of  Rangers  for  the  protection  of  the  Northern  and 
Western  frontier  of  the  State  of  Texas,  to  consist  of  ten  companies,  to  be 


raised  as  hereinafter  prescribea,  to  be  officered  according  to  the  rules  and 
regulations  of  the  Confederate  States  army,  and  the  number  of  officers  and 
privates,_  their  pay  and  emoluments,  shall  bb  the  same  as  in  similar  service  in 
the  Confederate  States  army. 
Sec.  2.     Said  men  shall  furnish  themselves  with  arms,  liorses  and  accoutre- 

!  mentS,  and  shall  be  enrolled  for  a  term  not  less  than  twelve  months,  unless 
sooner  discharged ;  and  at  the  expiration  of  their  term  of  service  others  shall 
be  enrolled  to  supply  their  places. 

Sec.  3.  The  requisite  number  of  men  for  said  regiment  shall  be  raised  in 
the  frontier  counties,  to  wit:  One  company  shall  he  raised  in  the  counties  of 
Clay,  Montague,  Cooke  and  Wise;  one  company  shall  be  rai.sed  in  the  coun- 
ties of  Young,  Jack.  Palo  Pinto  and  Parker;  one  company  from  the  counties 

I  of  Stephens,  Eastland,  Erath  and  Bosque ;  one  company  from  the  counties  of 
Coryell,  Plamilton,  Lampasas,  Comanche  and  Brown;  one  company  from  the 
counties  of  Sau  Saba,  Mason,  Llano  and  Burnet;  one  company  from' the  coun- 
ties of  Gillespie.  Hays  and  Kerr;  one  company  from  the  counties  of  Blanco 
Bandera,  Medina  and  Uvalde;  one  company  from  the  counties  of  Frio,  Atas- 
cosa. Live  Oak,  Karnes  and  Bee ;  one  company  from  the  counties  of  El  Paso 
and  Presidio :  and  one  company  may  be  raised  in  any  section  of  the  State  the 
Governor  may  direct.  And,  provided,  that  the  unorganized  counties  shall  fur- 
nish men  with  the  counties  to  which  they  are  attached  for  judicial  purposes 
and  every  county  named  in  this  section  shall  have  the  priviiesre  to  furnisli  its' 
proportion  of  men,  in  preference  to  all  other  applications  ;  and  when  any  com- 
pany cannot  be  furnished  with  the  requisite  number  of  men  from  the  counties 
named  in  this  act,  then  the  deficiency  may  be  supplied  from  the  nearest  adjoin- 
ing counties  not  named  in  this  act. 

Sec.  4.  Said  troops  shall  be  stationed  in  detachments  of  not  less  than 
twenty-five  men.  When  the  requisite  number  of  men  shall  have  entered  this 
service,  and  shall  take  their  stations  on  the  outside  settlements  of  the  fron- 
tier, as  nearly  as  practicable  in  a  direct  line  from  a  jioint  on  Red  River  to  a 
point  on  the  Kio  Grande  river,  and  thence  down  said  river  to  its  month,  to  be 
selected  by  the  commanding  officer,  and  the  commanding  officer  shall  'select 
the  posts  at  the  direction  of  the  Governor,  in  accordance  with  this  act ;  and 
such  stations  shall  be,  if  practicable,  about  twcntv-five  miles  distant  from  each 
other,  or  so  near  each  other  that  scouts  shall  jiass  over  the  ground  between 
any  two  stations  once  every  day.  And  further,  that  the  companies,  or  parts 
of  companies,  shall  be  stationed  on  that  ])art  of  the  frontier  in  which  they 
have  been  enrolled,  and  that  the  posts  on  Red  liivcr  shall  be  supplied  with  ad- 
ditional iorce  of  not  less  than  twenty-five  men  ;  and  the  company  dcsi"-nated 
in  the  third  section  of  this  act,  to  be  raised  in  any  part  of  tfie  State,  shall  be 
in  readiness  to  report  to  any  part  of  the  line  the  Governor  or  commanding 
officer  may  think  necessary. 

Sec.  5.  That  the  Governor  is  required,  immediately  after  the  passa"-e  of 
this  act,  to  commision  competent  persons,  one  for  everyVompanv  and  district, 
as  set  furth  in  this  act,  to  enroll  the  number  of  men  for  a  company,  and  wlien 
at  least  sixty-four  men  shall  have  been  enrolled,  thev  shall  organize  by  holding 
elections  for  company  officers,  and  the  Captain  elected  shall  return  a  niuster- 
rol],and  make  such  other  reports  as  may  be  re(iuired  by  the  Govcrnor,to  the  Adju- 
tant-General's department,  and  shall,  as  soon  as  ordered  by  the  Governor,  re- 
pair to  the  frontier,  and  perform  duty  on  the  plan  laid  down  in  this  act,  until 
Dtherwi.se  directed  by  the  Governor  or  superior  officer. 

Sec.  G.  The  Governor  shall  have  power  to  apj)oiiit  the  field  officers,  as  well 
18  all  other  disbursing  officers,  pertaining  to  Faid  regiment. 

Sec.  7.  The  troops  raised  under  anti  liy  virtue  of  this  act  shall  he  suliject 
0  the  rules  and  regulations  of  the  Confederate  States  army,  but  shall  always 
)e  subject  to  the  authorities  of  the  State  of  Texas  for  frontier  service,  and  shall 
lot  be  removed  beyond  the  limits  of  the  State  of  Texas;  and  that  it  shall  be 
he  duty  of  the  Governor  to  enclose  a  copy  of  this  act  to  the  Secretary  of  War, 
nd  to  each  of  our  Represenlatives  in  Congress,  urging  the  acceptance  of  said 
epiment  in  the  service  of  the  Confederate  States,  as  in  lieu  of  one  of  the 


10 

regiments  now  upon  said  frontier,  and  as  the  most  effective  and  economical 
mode  of  frontier  protection. 

Sec.  8.  That  no  portion  of  said  troops  sliall  become  a  charge  against  the 
State  lantil  organized,  as  required  by  the  fifth  section  of  this  act,  and  placed 
under  orders. 

Sec.  9.  That  an  act  to  provide  for  tlie  protection  of  the  frontier  of  the  State 
of  Texas,  passed  February  7th,  1861,  be  and  the  same  is  hereby  repealed,  from 
and  after  the  first  day  of  March  next. 

Sec.  10.  The  Governor  shall  have  power  to  disband  said  regiment  when- 
ever in  liis  judgment  the  services  shall  no  longer  be  necessary  for  frontier  pro- 
tection, should  tlie  same  not  be  accepted  by  the  Confederate  Government,  un- 
der the  provisions  of  this  act. 

Sec.  11 .     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  21st,  1861. 

CHAPTER  XVII. 

^N  ACT  to  repeal  section  2d  and  section  5th  of  an  act  entitled  "An  Act  to  incor- 
porate all  military  imiformed  companies  note  organized,  or  to  he  organized  in  the 
State."     Approved  February  Ibth,  18.58. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  sec- 
tion two  and  section  five  of  an  act  entitled  "An  Act  to  incorporate  all  military 
uniformed  companies  now  organized  or  to  be  organized  in  the  State,"  approved 
February  15,  1858,  be  and  the  same  are  hereby  repealed,  and  this  act  to  be  in 
force  from  and  after  its  passage. 
Approved  December  24th,  1861. 

CHAPTER  XVIII. 

AN  ACT  to  repeal  an  act  supplemental  to  "An  Act  to  regulate  Estrays,"  ap- 
proved February  5th,  1861 ;  and  "An  Act  to  amend  an  act  supplemental  to  an  act 
to  regulate  Estrays,"  approved  February  5th,  1861,     approved  April  6th,  1861;' 
and  to  revive  an  act  to  regulate  Estrays,  approved  February  5th,  1850,  and  an, 
act  approved  December  17th,  1851,  in  certain  counties  hereinafter  named. 
Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
an  act  supplemental  to  an  act  to  regulate  Estrays,  approved  February  5th, 
1861 ;  and  an  act  to  amend  an  act  supplemental  to  an  act  to  regulate  Estrays, 
approved  February  5th,  1861,  approved  April  6tli,  1861,  be  and  the  same  are 
hereby  repealed  witliin  tiie  counties  of  Smith,  Cherokee,  Anderson,  Ivamar, 
Shelby,  Grayson,  Leon,  Madison,  Houston,  Trinity,  San  Augustine,  Angelina, 
Dallas,  Davis,  Red  River,  Harris,  Titus,  Bowie,  Upshur,  Wood,  Marion,  Col- 
lin, Nacogdoches,  Van  Zandt,  Henderson,  Tarrant,  Newton,  Jasper,  Tyler, 
Polk,  Hardin  and  Orange;  and  that  an  act  entitled  an  act  to  regulate  Estrays, 
approved  February  5tli,  185U,  and  an  act  approved  December  17th,  1851,  be 
and  the  same  are  hereby  revived  within  the  above-named  counties. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage, 

provided,  that  all  estrays  which  are  required  to  be  sold  before  the  courthouse 

door  of  tliese  counties,  shall  be  sold  only  on  the  first  Tuesday  in  each  month 

between  the  legal  hours  of  sale. 

Approved  December  24th,  1861. 


CHAPTER  XIX. 

AN  ACT  to  amend  the  1st  section  of  an  act  entitled  "An  Act  prescribing  the 
order  of  determining  cases  in  the  Supreme  Court,^^  approved  February  7th, 
1861. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 

first  section  of  the  above  recited  act  shall  be  so  amended  as  hereafter  to  read 

as  follows,  to  wit: 


11 

That  the  cases  on  the  dockets  of  the  Supreme  Court  shall  be  determined  in 
the  order  in  which  they  stand  upon  the  docket,  or  have  been  or  may  be  submitted 
to  the  court,  except  where  continued  by  consent,  or  to  make  parties  ;  or  for  the 
return  of  any  writ ;  or  in  cases  which  have  been  lieard  by  two  of  the 
judges  only,  and  they  ai-e  unable  to  ag^ree  ;  or  in  cases  in  which  the  court  are 
unable  to  form  an  opinion  upon  which  a  judgement  can  be  entered,  after  inves- 
tigatinpf  the  same  a  reasonable  time.  And  whenever  a  case  is  thus  passe\l  over 
it  shall  be  the  duty  of  the  Chief  Justice  to  enter  ujion  the  docket  the  reason 
therefor,  and  proceed  with  other  cases  upon  tlie  docket. 

Sec.  '.i.     Tliis  act  shall  take  effect  and  be  in  force  from  and  after  its  passa<?e. 

Approved  December '»i7tb,  Ibtil. 

CHAPTER  XX. 

AN  ACT  to  perfect  the  organization  of  State   Troo]):<,  and  place  the  same  on  a 

tear  footing. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Tc.ras,  That  every 
able  bodied  free  white  male  inhabitant  of  this  State,  between  the  ages  of 
eigiitcen  and  fifty  years,  shall  be  liable  to  perform  military  duty  under  this 
act,  except  as  herein  provided. 

Sec.  2.  Postmasters,  mail  carriers,  ferrymen  on  puljlic  roads.  Judges  of 
the  Supreme  and  Districts,  and  clerks  of  said  courts.  Secretary  of  State, 
Comptroller  and  Treasurer  of  the  State,  Chief  Justices  and  clerks  of  the 
county  cotu'ts.  all  orticers  of  the  Confederate  States, 'engineers  and  conduc- 
tors on  railroads,  officers  and  crews  of  steamboats,  sheriti's  and  officers  of  the 
Penitentiary,  shall  be  exempt  from  the  performance  of  military  duty  as  pre- 
scribed by  tiiis  act. 

Sec.  3.  The  whole  of  this  State  shall  be  divided  into  thirty-three  Brigade 
Districts  as  follows,  to-wit :  Brigade  No.  1,  shall  be  comiiosed  of  the  county 
of  (ialvestou  :  Brigade  No.  2,  shall  be  composed  of  the  counties  of  Cham 
bers.  Liberty,  Polk,  Tyler,  Hardin,  Jasper,  Newton,  Jefferson  and  Orange  ; 
Brigade  No.  'S,  the  counties  of  Angelina,  Nacogdoches  and  San  Augustine; 
Brigade  No.  4,  the  counties  of  Sabine,  Shelby  and  Panola;  Brigade  No.  5, 
the  county  of  Kusk  ;  Brigade  No.  (i,  the  counties  of  Harrison  and  Upshur; 
Brigade  No.  7.  the  counties  of  Davis,  Marion  and  Bowie;  Brigade  No.  8, 
the  counties  of  Titus  and  Red  River;  Brigade  No.  9,  the  counties  of  Lamar 
and  H<i)ikins  ;  Brigade  No.  10,  the  county  of  Cherokee;  Brigade  No.  11,  the 
counties  of  Houston,  Anderson  and  Trinity;  Brigade  No.  12,  the  counties  of 
Wood,  Smith  and  Van  Zandt;  Brigade  No.  P.J,  the  counties  of  Kauffman, 
l>allas  and  Henderson;  Brigade  No.  14,  the  counties  of  Fannin  and  Hunt; 
Brigade  No.  15,  the  counties  of  (iuayson  and  Collin;  Brigade  No.  Iti,  the 
counties  of  Brazoria,  Fort  Bend  and  Harris:  Brigade  No.  17,  the  counties  of 
Montgomery,  Grimes  and  Walker;  Brigade  No,  18,  the  counties  of  Madison, 
Leon.  Robertson,  Brazos  and  Burleson;  Brigade  No.  l!t,  the  counties  of 
Limestone.  Freestone,  Ellis  and  Navarro:  Brigade  No.  2(1,  the  counties  of 
Johnson.  Tarrant,  Erath,  Parker  and  Palo  Pinto;  Brigade  No.  21,  the  coun- 
ties of  Cook,  Denton,  Wise,  Montague,  Jack,  Young,  Clay.  Witchita,  Archer, 
Wilbarger,  Baylor,  Throckmorton,  Hardeman,  Knox,  Haskel,  Stephens, 
Shackelford  and  Jones;  Brigade  No.  22,- the  counties  of  I\Iatagorda,  Whar- 
ton, Colorado  and  Fayette;  Brigade  No.  23,  the  counties  of  Austin  and 
Washington  ;  Brigade  No.  24,  the  counties  of  Calhoun.  Jackson,  Victoria, 
De  Witt  and  Lavaca;  Brigade  No.  25,  the  counties  of  (lonzales,  Guadalupe 
and  Caldwell:  Brigade  No.  2t>,  the  (yjunties  of  Bastroj),  Travis  and  H.ays; 
Brigade  No.  27,  the  counties  of  Milam,  A\'illiamson,  Burnet,  Bell  and  Lam- 
]ias,as:  Brigade  No.  2H,  the  counties  of  Falls,  Coryell,  McLennan,  Bosque, 
manclie,  Brown,  Hamilton,  Eastland.  Callahan,  Coleman,  Taylor,  Run- 
nels and  Hill  ;  Brigade  No.  2!>,  the  coijnties  of  Refugio,  San  Patricio,  Nue- 
ces, (ioli.ad.  Bee,  Live  Oak,  Karnes,  McMullen,  La  Salle  and  Dimmit;  Brig- 
ade No.  :?<!,  the  counties  of  Bexar  and  Wilson;  Brigade  No.  31,  the  counties. 


12 

of  Blanco,  Comal,  Bandera,  Kerr,  Gillespie,  Llano,  San  Saba,  Medina,  Uvalde, 
McCulloch,  Concho,  Mason,  Menard,  Kimble,  Edward,  Dawson,  Kinney, 
Maverick,  Atascosa,  Frio  and  Zavalla ;  Brigade  No.  32,  the  counties  of  Cam- 
eron, Hidalgo,  Starr,  Zapata,  Webb,  Encinal  and  Duval;  Brigade  No.  33,  the 
counties  of  El  Paso  and  Pi-esidio. 

Sec.  4.  The  State  troops  of  each  military  district  shall  be  divided  into 
companies,  battalions,  regiments  and  brigades ;  each  company  shall  consist  of 
not  less  than  thirty-two  nor  more  than  one  hundred,  non-commissioned  officers 
and  jirivates.  Battalions  shall  consist  of  not  less  than  three,  and  when  formed 
into  regiments,  not  more  than  five  companies.  A  regiment  shall  consist  of 
not  less  than  two  battalions,  and  a  brigade  shall  consist  of  not  less  than  two 
regiments  ;  Provided,  nothing  in  this  act  shall  prevent  the  different  arms  of 
service  of  the  State  troops  adapting  their  respective  organization  to  the  cor- 
responding arms  of  service  of  the  Confederate  States  army. 

Sec.  5.  There  shall  be  to  each  company  one  Captain,  one  First  Lieuten- 
ant, two  Second  Lieutenants,  four  Sergeants,  and  four  Corporals,  and  two 
Musicians. 

Sec.  6.  There  shall  be  to  each  regiment,  one  Colonel,  one  Lieutenant-Colo- 
nel, one  Major,  and  the  following  staff  officers,  to-wit :  one  Adjutant,  with 
the  rank  of  First  Lieutenant,  one  Quartermaster,  who  shall  also  act  as  pay- 
master, one  Commissary,  one  Assistant  Surgeon,  each  with  the  rank  of  Cap- 
tain, one  Surgeon,  with  the  rank  of  Major,  one  Sergeant  Major,  one  Quarter 
master  Sergeant,  and  two  Chief  Musicians,  and  one  Chaplain,  with  the  rank 
of  Captain.  The  regimental  staff  shall  be  appointed  and  shall  hold  their  res- 
pective offices  at  the  pleasure  of  the  Colonel  of  the  regiment. 

Sec.  7.  There  shall  be  to  each  brigade  one  Brigadier-General,  with  the 
following  staff  officers  :  one  brigade  Major,  one  brigade  Adjutant  and  Inspec- 
tor General,  who  shall  serve  as  Judge-Advocate,  one  brigade  Quartermaster, 
who  shall  serve  also  as  paymaster,  one  Commissary,  each  with  the  i"ank  of 
Major,  one  Aid-de-Camp  with  the  rank  of  Captain. 

Sec.  8.  The  rank  of  officers  of  equal  grade  shall  be  determined  by  senior- 
ity of  commissions,  but  when  commissions  of  equal  date  exist,  the  rank 
shall  be  determined  by  lot  to  be  drawn  by  the  officers  holding  such  commis- 
sions, in  the  presence  of  their  respective  commanders,  whether  of  regiment, 
battalion  or  companies,  and  shall  be  endorsed  upon  their  respective  commis- 
sions ;  but  when  commissions  issued  to  Brigadier-Generals  are  of  the  same 
date,  the  rank  shall  be  determined  by  lot  drawn  bj'^  the  Adjutant-General. 

Sec-  9.  The  organization  of  the  Militia  of  the  State  heretofore  effected 
under  the  Act  of  February  14th,  1889,  shall  be  preserved  so  far  as  is  consis- 
tent with  the  provisions  of  this  act,  and  shall  hereafter  be  regulated  by  the 
same ;  and  all  officers  elected  by  Aurtue,  of  the  act  of  Februar}'  14th,  1860, 
shall  continue  to  exercise  the  duties  of  their  several  offices  until  the  first  day 
of  April,  1862,  or  imtil  such  time  thereafter  as  their  successors  may  be  elected 
and  qualified  under  the  piovisions  of  this  act,  unless  such  officers  sooner  re- 
sign or  be  removed  ;  and  there  shall  be  elected  under  orders  of  the  Brigadier- 
Generals,  in  accordance  with  this  act,  on  the  last  Saturday  in  March,  1862, 
company  and  field  officers,  to  succeed  those  now  in  office  under  the  act  of  Feb- 
ruary 14th,  1860.  And  if  for  any  cause  an  election  should  not  be  held  in 
any  case,  according  to  the  provisions  of  this  section,  in  such  case  an  election 
shall  be  immediately  ordered  by  the  legimeutal  or  brigade  commandant,  as 
the  case  may  be,  giving  ten  days  notice  thereof,  and  all  commissions  issued 
under  the  provisions  of  this  act  shall  expire  at  the  end  of  three  years  from 
their  date,  except  those  of  Brigadier-Generals. 

Sec.  10.  It  shall  be  the  duty  of  the  Brigadier-General  in  each  brigade, 
immediately  after  the  passage  of  this  act,  to  appoint  and  authorize  the  senior 
Justice  of  the  Peace,  in  each  precinct,  and  in  such  precincts  as  have  no  Jus- 
tice of  the  Peace,  tl.s  Brigadier-General  shall  appoint  some  fit  and  suitable 
person,  as  enrolling  officer  of  such  precinct,  where  the  militia  have  not  al- 
ready been  enrolled  and  companies  organized  as  contemplated  by  the  forego- 
ing section,  whose  duty  it  shall  be,  within  ten  days  after  notice  of  his  appoint 


13 

ment,  to  enroll  all  persons  within  his  precinct  subject  to  military  duty  under  the 
provisions  of  this  act,  and  such  enrolling  officer,  immediately  upon  completing 
the  enrollment  within  his  precinct,  shall,  within  five  days,  make  duplicate 
copies  of  said  enrollment,  one  of  which  he  shall  forward  to  the  ]?rigadicr- 
General,  and  the  other  he  shall  retain  until  tho  troops  enrolled  by  him  have 
been  organized  by  the  election  of  company  officers,  said  enrolling  otlicer 
shall,  upon  the  completion  of  enrollment,  immediately  order  an  election  for 
company  officers,  giving  ten  days  notice  by  posting  advertisements  in  three 
or  more  places  in  said  precinct,  designating  the  time  and  place  of  said  elec- 
tion. He  shall  act  as  judge  of  said  election,  and  shall  apjioint  two  persons  to 
act  as  assistant  judges  of  said  election,  and  within  live  days  after  such  election 
shall  certify  the  result  of  said  election,  and  forward  the  same,  together  with 
the  poll  list,  enveloped  and  sealed,  to  the  Iirigadier-(ieneral,  upon  whose  cer- 
tificate to  the  Adjutant-General,  commissions  shall  be  issued  to  the  persons 
elected,  but  the  conipany  officers  shall  proceed  to  the  discharge  of  tho  duties 
of  their  r(>spective  offices,  upon  the  certificate  of  election  from  the  lirigadier- 
General,  in  the  same  manner  and  efi'ect  as  if  comniissioued  by  the  (iovernor. 

Sec.  11.  The  enrolling  officers  appointed  as  above  provided  shall  continue 
in  office  during  the  pleasure  of  the  Brigadier-General, and  whilst  in  office  they 
shall  promptly  and  faithfully  obey  all  orders  of  the  Brigadier-General  and 
officers  in  command  of  the  regiment  or  battalion  to  which  such  enrolling  offi- 
cer may  be  attached,  and  such  Justice  of  Peace  or  enrolling  officer  may  be 
punished  upon  conviction  by  a  court  having  com]ietent  jurisdiction,  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  fifty  dollars  for  any  and  every  delin- 
quency or  disobedience  of  orders  of  which  ho  or  they  may  be  guilty,  all  per- 
sons refusing  to  respond  to  the  satisfaction  of  the  enrolling  officer  shall  be 
returned  by  such  officer  as  liable  to  military  duty. 

Sec.  12.  It  shall  be  the  duty  of  the  Brigadier-General,  within  ten  days 
after  the  receipt  of  the  returns  of  the  election  of  company  officers  to  divide 
his  Brigade  into  regiments  and  battalions,  and  independent  battalions  may  be 
formed  in  counties  where  the  population  is  insufficient  to  form  a  regiment, 
and  in  such  parts  of  counties  where  settlenu-nts  may  be  separated  or  isolated 
by  natural  causes,  and  shall  within  twenty  days  thereafter  order  an  election 
for  one  Colonel,  one  Lieutenant  Cokuud  and  one  Major  of  each  regiment  by 
issuing  an  order  to  the  enrolling  officers,  reciuiring  them  to  post  such  order  of 
election  in  three  jiublic  places  in  each  company  boat  composing  such  brigade 
district,  at  least  ten  days  previous  to  such  election,  and  such  Justices  ot  the 
Peace,  or  enrolling  officers,  as  were  appointed  to  enroll  and  hold  election  for 
company  officers,  shall,  on  the  day  designated  by  the  order  of  the  IJrigadier 
General,  open  the  poll  for  the  election  of  .said  Colonel.  Lieutenant  Colonel  and 
Major,  and  shall  keep  a  correct  roll  of  every  vote  cast,  whether  for  Colonel, 
Lieutenant  Colonel  or  Major,  which  shall  be  certified  to  by  the  officer 
holding  such  election,  signed,  sealed  and  transmitted  within  ten  days  to  the 
Brigadier-General,  and  it  shall  be  the  duty  of  the  Brigadier-General  to  open 
such  returns  and  issue  to  such  persons  as  may  have  received  the  highest  vote 
cast,  whether  for  Colonel,  Lieutenant  Colonel  or  Major,  a  certificate  of  such 
election,  and  shall  immediately  transmit  to  the  Adjutant-tJeneral,  a  certificate 
of  such  election,  whereupon  commissions  shall  be  issued  to  such  jiartics,  and 
any  person  having  been  elected  Colonel,  Lieutenant  Colonel  or  Major,  and 
having  received  a  certificate  of  such  election  from  the  Brigadier-General,  shall 
immediately  proceed  to  the  discharge  of  their  duties,  and  shall  bo  respected 
accordingly. 

Skc.  ];{.  The  Brigadier-Generals  appointed  as  herein  before  provided, 
shall,  within  ten  days  after  the  regimwital  and  battalion  organization  has  been 
completed,  order  an  election  for  Brigadier-(}cnerals,  giving  twenty  days  notice 
of  said  election.  And  it  shall  be  the  duty  of  the  Captains  or  officers  in  com- 
mand of  companies  to  advertise  said  election  in  the  manner  jtrovided  herein 
for  other  elections,  and  to  open  the  polls  and  hold  said  election  on  tlie  day 
designated  in  tho  order  therefor,  said  election  shall  be  held  alid  regulated  iji 
all  respects  as  elections  for  company  officers.     The  Captain  or  officer  in  com- 


14 

mand  of  the  company  being'  the  judge  of  election,  and  having  power  to  ap- 
point two  assistant  judges.  The  returns  of  said  election  shad  be  immedi- 
ately made  to  the  Adjutant-Geueral,  who  shall,  after  the  expiration  of  thirty 
days,  or  so  soon  as  the  returns  from  all  the  precincts  have  been  received  by 
Inm,  proceed  to  open  and  compare  said  returns,  and  shall  issue  commissions 
to  tlie  persons  receiving  the  largest  number  of  votes  at  said  election.  The 
person  so  elected  and  commissioned  shall  hold  his  office  for  the  term  of  four 
years  from  the  date  of  his  commission. 

Sec.  14.  It  shall  be  the  duty  of  the  Captain  to  enforce  within  his  company 
the  military  laws  of  this  State,  and  the  commands  of  his  superior  officers;  he 
shall  assemble  his  company  at  least  once  every  two  weeks  during  the  con- 
tinuance of  the  present  war,  and  shall  instruct,  drill  and  exercise  it  in  the 
school  of  the  soldier  and  company.  He  shall  be  responsible  for  the  correct 
instruction  and  good  order  of  his  company ;  he  shall  constantly  keep  in  office 
in  his  company  the  full  number  of  non-commissioned  officers  required  bylaw; 
he  shall  report  all  defaulters  for  neglect  of  military  duty  to  the  first  court- 
martial  authorized  to  try  the  same ;  he  shall  cause  such  otfenders  to  be  sum- 
moned to  attend  such  court-martial,  which  he  shall  furnish  with  the  evidence 
of  such  summons;  he  shall  have  power  to  order  and  enforce  the  re-enrollment 
of  all  persons  within  his  military  beat,  as  often  as  he  may  think  necessary  to 
promote  the  efficiency  of  his  connnand,  and  he  shall  have  power  to  impose 
such  punishment  by  arrest,  imposition  of  fatigue  duty,  or  other  punishment, 
for  disobedience  of  orders,  or  unmilitary  conduct  whilst  on  parade  or  on  duty, 
as  in  his  discretion  he  may  deem  necessary  and  proper,  being  responsible  for 
the  improper  use  of  authority  as  hereinafter  provided. 

Sec.  15-  Every  officer,  non-commissioned  officer  and  private  composing 
any  company  organization,  and  every  person  residing  in  any  company  beat, 
liable  to  perform  military  duty  as  is  required  by  tliis  act,  who  shall  fail  to 
attend  any  company  muster  and  perform  duty  thereat,  shall,  without  having 
been  excused  by  the  Captain,  be  guilty  of  an  otfence,  and  may  be  fined  in  the 
sum  of  not  less  than  one  nor  more  than  five  dollars  together  with  all  costs, 
for  such  disobedience  of  orders,  to  be  collected  as  herein  provided,  notice 
given  by  the  Orderly  Sergeant  before  dismissing  his  company,  or  by  being 
posted  at  three  public  places  within  the  company  beat  for  five  days  previous 
to  any  company  muster  shall  be  deemed  legal  notice  thereof. 

Sec.  16.  At  each  aud  every  company,  battalion  or  regimental  muster, 
the  company  roll  shall  be  called  by  the  orderly  sergeant,  upon  the  formation 
of  the  company,  and  all  absentees  noted  by  him,  and  reported  to  the  ,officer 
in  command,  and  on  the  muster  day  next  succeeding  the  muster  of  each  com- 
pany at  which  there  may  have  been  any  delinquencies,  the  Captain  or  officer 
in  command  of  each  company,  shall  hear  the  excuse  of  said  delinquent,  and  if 
in  his  judgment  it  shall  not  be  sufficient,  then  he  shall  immediately  return  to 
the  nearest  Justice  of  the  Peace,  a  certified  list  of  the  names  of  all  delinquents, 
which  shall  be  prima  facie  evidence  of  the  delinquencies  stated  therein,  and 
it  shall  be  the  duty  of  said  Justice  of  the  Peace  to  issue  citation  in  the  name 
of  the  State  of  Texas,  directed  to  any  leg»l  officer  of  the  county  commanding 
him  to  summon  the  person  named  therein,  to  be  and  appear  before  him  on  a 
day  stated,  not  less  than  three  nor  more  than  five  days  from  the  date  of  said 
citation,  and  said  Justice  of  the  Peace  shall  proceed  to  hear  and  determine  the 
cause  shown  by  said  delinquents,  if  any,  why  judgment  should  not  be  render- 
ed against  him  for  the  penalty  as  provided  for  in  this  act,  which  cause  shall 
be  rendei'ed  under  oath,  and  upon  the  rendition  of  judgment,  it  shall  be  the 
duty  of  said  Justice  of  the  Peace  to  issue  execution  to  be  levied  upon  the 
»goods  and  chattels  of  said  delinquents  for  the  amount  of  the  fine  and  cost  ad- 
judged against  him,  and  all  personal  property  belonging  to  the  delinquent 
shall  be  subject  to  levy  and  sale  under  said  execution,  any  law  to  the  contrary 
notwithstanding,  provided,  that  any  delinquent  may  discharge  said  delinquency 
by  paying  to  the  commissioned  officers,  such  fine  as  they  may  assess  against 
him  for  said  delinquency,  vvfithin  the  provisions  of  this  act,  and  should  there 
be  no  property  of  the  delinquent  out  of  which  to  make  said   fine  and  costs, 


15 

then,  and  in  thcit  event  he  sliall  be  liable  to  arrest.  anJ  to  be  held  in  custody 
not  less  tlian  one,  nor  more  than  five  days,  and  all  sums  of  money  so  collected 
shall  be  paid  over  to  the  Captain  commandin,!^  sucli  defaulters,  and  by  him 
used  as  a  company  fund. 

Sec.  17.  Eael)  person  elected  an  officer  in  any  company,  who  shall  accept 
the  commission,  sh;\ll  be  compelled  to  serve  in  the  office  to  which  he  shall  be 
elected  for  twelve  months,  under  a  penalty  of  twenty  dollars,  unless  he  shall 
be  promoted  or  removed  out  of  the  limits  of  his  command,  or  become  from 
bodily  or  mental  infirmity,  incapable  of  perfonning  tlie  duty  thereof,  or  be 
deprived  of  his  commission  by  the  sentence  of  a  court  martial,  or  unless  his 
resignation  shall  be  accepted  by  his  superior  officer. 

Sec.  18.  If  any  beat  company  shall  ne;;lect  or  refuse  to  organize  by  the 
election  of  company  officers  as  herein  provided,  or  the  person  elected  shall  re- 
fuse to  accept  such  office,  it  shall  be  the  duty  of  the  Brigadier  General  to  ap- 
point and  certify  for  commission,  some  tit  pin-sons  in  such  I)eat  to  fill  such 
offices,  and  they  shall  be  compelled  to  serve  in  such  offices  for  twelve  months, 
under  the  penalty  of  fifty  dollars,  unless  they  shall  be  soomn-  pronuited,  or 
from  bodily  or  mental  infirmity,  become  incapable  of  performing  the  duties 
thereof,  or  remove  out  of  the  limits  of  the  command,  or  unless  the  company 
shall  sooner  elect  officers  ;  and  whenever  vacancies  occur  in  any  company  by 
resignation  or  otherwise,  and  such  company  shall  refuse  to  elect  officers  for 
twenty  days  thereafter,  the  Colonel  or  commanding  officer  shall  appoint  some 
suitable  person  who  shall  serve  as  captain  under  the  penalty  of  fifty  dollars, 
and  lie  shall  commission  as  often  as  tb(>  appointment  shall  be  refused,  and  in 
every  case  of  refusal,  the  penalty  shall  be  enforced. 

Sec.  19.  Every  commissioned  officer  shall,  within  twenty  days  after  en- 
tering upon  the  duties  of  Iiis  office,  take  and  subscribe  liefore  any  officer  of 
the  State,  qualified  to  administer  oaths  by  law,  the  following  oath  or  affirma- 
tion, to-wit :  I, ,  do  solemnly  swear  or  affirm,  that  I  wiil  be  faithful,  and 

tru(^  allegiance  bear  to  the  State  of  Texas,  so  long  as  I  may  be  a  citizen  there- 
of, and  that  I  will,  to  the  best  of  my  ability,  discharge  the  duties  of ,  and 

that  1  will  preserve,  protect  and  defend  the  Constitution  of  the  State  of  Texas, 
and  of  the  Cmifederate  States, — so  help  me  God. 

Sec.  20.  It  shall  be  the  duty  of  the  Colonel  to  select  some  fit  place  fbr 
regimental  or  battalion  instruction  and  drill,  within  his  regimental  district, 
and  sliall  have  the  power  to  com))el  the  State  troops  composing  his  regiment 
or  battalion,  to  assemble  on  the  place  so  selected  by  him,  at  least  once  in  every 
two  months,  for  instruction  and  drill,  and  he  shall  have  the  poWer  to  order 
encampments  of  the  State  troops  at  anyplace  within  the  limits  of  his  com 
niand,  for  at  least  four  consecutivi;  daj's  in  every  three  months,  or  oftener  if 
approved  by  the  Brigadier  General  of  the  brigaile,  and  tlie  Coloiud  of  every 
regiment  shall  have  the  power  to  call  out  all  the  connnissioned  and  non-com- 
missioned officers  of  each  company  of  his  regiment  as  often  as  he  may  see  fit, 
who  shall  assemble  at  such  place  and  at  such  time  as  he  may  designate,  and 
he  shall  instruct  such  officers  in  regimental,  battalion  or  company  drill  for  not 
less  than  four  hours  in  each  day,  when  so  assembled,  and  any  sucii  officer 
failing  to  attend  at  the  time  and  place,  wiien  notified  thereof,  ami  failing  to  per- 
form such  duty  as  may  be  reciuired  of  him,  shall  be  court  martialed  and  sub- 
ject to  a  fine  in  a  sum  of  money  not  less  than  five  nor  more  than  twenty  dol- 
lars, unless  good  and  valid  reason  be  shown  for  such  neglect,  or  refusal,  and 
any  non-connnissioned  officer  or  private  who  shall  refuse  or  fail  to  attend  at 
the  time  and  place  designated  for  such  regimental  or  battalion  drill,  or  who 
shall  fail  to  attend  throughout  the  encami)Mient,  and  jjcrform  the  military  du- 
ties reipiirol  by  the  officers  in  command,  unless  excused,  shall  be  court  mar- 
tialed, and  liable  to  be  fined  in  the  sum  of  two  dollars  for  <-ach  day's  non- 
attendance,  unless  cxcnsfd  by  the  court,  and  if  the  judgmeut  of  the  court 
martial  shall  be  th.at  the  delin<iuent  or  officers  failing  to  perform  duty  should 
be  fined,  the  Judge  Advocate  shall  immediately  certify  such  fact  and  delin- 
quency to  the  Justice  of  the  Peace  nearest  the  residence  of  the  delinquent  or 
officer  failing  to  perform  duty,  aud  the  Justice  of  the  Peace  shall  thereupon 


16 

proceed  as  provided  in  section  sixteen  of  this  act,  provided,  the  delinquent  or 
officers  failing  to  perform  duty  and  adjudged  subject  to  be  fined,  may  be  dis- 
charged iipon  the  paj^ment  of  such  amount  as  may  be  assessed  by  said  court 
martial.  All  fines  collected  or  paid  as  herein  provided,  shall  be  paid  over  to 
the  regimental  Quartermaster. 

Sec.  21.  Every  person  elected  Colonel,  Lt.  Colonel  or  Major  under  the 
provisions  of  this  act,  and  having  accepted  the  commission  thereof,  shall  be 
compelled  to  serve  for  twelve  months,  unless  his  resignation  shall  be  accepted 
by  liis  superior  officer,  and  in  case  of  refusal,  shall  be  court  martialed  by  or- 
der of  the  Brigadier  General,  and  liable  to  be  fined  in  the  sum  of  not  less  than 
twenty  nor  more  than  one  hundred  dollars. 

Sec.  22.  All  elections  in  the  military  department  which  may  hereafter  be 
contested,  shall  be  determined  in  the  following  manner,  viz:  If  the  election 
of  a  Brigadier  General,  the  complainant  shall  make  complaint  and  application 
to  the  Governor,  who  is,  upon  tlie  receipt  thereof,  required  to  order  a  brigade 
court  of  inquir}',  and  when  the  election  of  a  Colonel,  Lt.  Colonel  or  Major  of 
a  regiment  shall  be  contested,  complaint  and  application  shall,  in  like  manner, 
be  made  to  the  next  highest  officer  in  command,  who,  upon  receipt  thereof, 
shall  order  a  separate  regimental  court  of  inquiry  accordingly,  if  under  the 
rank  of  a  field  officer,  all  complaints  and  applications  shall  be  made  to  the 
commanding  officer  of  the  regiment  or  separate  battalion  where  the  contest 
exists,  and  the  person  contesting  shall,  in  all  cases,  be  bound  to  furnish  satis- 
factory proof  to  the  court  that  the  person  whose  election  is  contested,  did  re- 
ceive a  number  of  illegal  votes,  which,  if  deducted,  would  give  a  majority  to 
the  person  contesting,  and  if  tlie  contesting  j^erson  shall  fail  to  establish  his 
charge,  or  if  the  charge  shall  be  sufficiently  supported  in  either  case,  the  court 
shall  report  in  favor  of  the  person  having  the  greatest  number  of  legal  votes 
as  being  duly  elected,  and  the  President  of  each  court  of  inquiry,  shall  certify 
under  his  hand,  the  name  or  names  of  the  person  thus  duly  elected  which  cer- 
tificate, if  the  officer  shall  be  of  the  grade,  of  general  or  field  officer,  shall  be 
directed  and  sent  to  the  Governor;  if  commissioned  officers  of  companies,  the 
certificate  shall  be  signed  as  aforesaid,  and  be  directed  and  sent  to  the  Colonel  ' 
of  the  regiment  or  Lt.  Colonel  of  the  separate  battalion,  and  by  him  to  the 
Governor,  who  shall  issue  commissions  in  either  of  the  above  cases  ;  and  in 
order  to  provide  more  amply  for  deciding  contested  elections,  it  is  hereby  de- 
clared, that  when  the  cause  shall  arise  from  any  illegal  proceedings  of  any 
person  ordering,  conducting,  or  judging  said  election,  on  proof  thereof  being 
made  satisfactory  to  the  court  of  inquiry,  such  election  shall  be  declared 
void,  and  the  President,  by  and  with  the  authority  of  siich  court  of 
inquiry,  shall  direct  the  proper  officer  to  issue  an  order  or  orders  for  an  elec- 
tion to  fill  such  vacancy,  which  election  so  ordered,  shall  in  all  things  be  con- 
ducted in  the  same  way  as  other  elections,  to  fill  vacancies  in  like  offices,  are 
by  this  act  directed,  and  all  courts  of  inquiry  shall  be  constituted  as  is  pro- 
vided in  this  act  for  court  martial. 

Sec.  23.  If  any  commissioned  officer  shall  move  out  of  the  bounds  of  his 
division,  brigade  or  regiment,  separate  battalion  or  company  ;  or  offer  himself 
a  candidate  for  any  other  military  appointment,  or  shall  be  absent  therefrom 
otherwise  than  on  military  duty,  for  more  than  twelvemonths  at  one  time, 
his  office  thereby  shall  become  vacated  ;  and  if  anv  commissioned  officer  shall 
think  himself  injured  by  his  superior  officer,  and  shall,  upon  due  application 
made  to  him.  be  refused  redress,  he  may  complain  to  the  Brigadier  General, 
who  shall  order  a  brigade  court  of  inquiry,  to  be  held  under  the  rules  and  regu- 
lations prescribed  by  this  act ;  if  any  inferior  officer  or  private  shall  think 
himself  injured  by  his  Captain  or  any  other  superior  officer  in  the  regiment  or 
separate  battalion  to  which  he  belongs,  he  may  complain  to  the  commanding 
officer  of  the  regiment  or  separate  battalion,  who  shall  order  a  court  of  inquiry, 
and  sueh  court  shall  determine  the  complaint  agreeably  to  the  nature  of  the 
case. 

Sec.  24.  When  any  commissioned  officer  shall  be  charged  with  mal-admin- 
istration  or  neglect  of  duty,  it  shall  be  lawful  for  any  commissoned  officer  to 


17 


.  exhibit  to  the  Brigadier  General  of  the  brigade,  a  Hvir  statement  in  writing, 
of  the  charge  or  charges  and  the  (acts  intended  to  establish  the  same,  and  the 
Jingadier  General  is  hereby  authorized  to  order  a  brigade  court  martial  to 
consist  of  at  least  five  comnussioned  ofticers.  who,  when  assembled,  shall  take 
and  subscribe  the  oath  prescribed  for  court  martials  ;  and  the  court  being 
thus  sworn,  shall  inquire  into  the  nature  and  trutb  of  the  charge  or  charges, 
and  if  the  ofhcer  accused  shall  be  found  guilty,  he  shall  be  liable  to  pav  not 
less  than  t(<n  nor  more  than  one  hundred  dollars,  or  shall  be  casliiered  at  the 
discretion  of  the^  court,  but  no  sentence  of  any  court  martial  cashiering  any 
ofhcer,  shall  be  hna  ,  until  the  same  be  laid  before  the  Commander-in-Chief, 
-nd  by  him  .-ipproved,  it  the  ofticcr  cashiered  shall  pray  an  appe.al  from  such 
decision  to  hini  otJ.erwise  the  same  shall  be  Hnal.  Every  oiliceV  to  be  tried  bv 
a  cour  martial  .shall  have  t.-n  days  notice  given  him  of  the  time  and  placo 
appointed  for  the  trial,  and  shall  be  furnished  with  a  copy  of  the  chart^es  ex- 
hibited against  him  .at  least  ten  days  before  the  sitting  of  said  cour't  In 
every  court  marti.al,  for  the  trial  of  an  officer  not  less  than  two-thirds  of  the 
number  present  shall  jigree  in  the  sentence  or  judgment  of  said  court;  other- 
wise  tlie  person  charged  sh.ill  be  acquitted;  and  when  the  members  shall  be 
required  to  give  their  votes  on  a  question  or  decision,  fliev  shall  be-in  with 
the  youngest  in  commission  ;  prorhhd,  that  no  commissioned  ofRcer"''shairbo 
.allowed  to  resign  his  commissiou  while  under  arrest. 

Sec  2.3  When  the  Brigadier  Generals  shall  be  ch,irged  with  malfeasance  or 
neglect  of  duty  in  office,  it  shall  be  Lawful  for  any  commissioned  officer  to  ex- 
hibit to  the  Governor,  for  the  time  being,  a  fair  statement  of  the  charge  or 
charges,  with  the  facts  intended  to  establish  the  same,  who  is  hereby  author- 
ized to  or^ler  a  general  court  marti.al.to  consist  of  at  least  nine  members,  none 
to  be  cliosen  under  the  grade  of  a  field  officer,  who.  when  convened,  shall  take 
and  subscribe  the  same  o.ath  prescribed  for  other  courts  martial;  the  said 
courts  thus  sworn,  shall  have  power  to  enquire  into  the  nature  of  th-  offence; 
It  found  guiliy  he  may  be  removed  from  the  same;  if  fbrneglectof  duty,  he 
shall  lorteit  and  p.ay  a  sum  not  to  exceed  one  hundred  dollars,  at  the  discretion 
of  the  court  m.artial,  to  be  collected  .as  in  similar  cases  of  fines,  or  deprived  of 
his  commission  .at  the  discretion  of  the  court;  and  the  President  of  the  court 
martial  shall  give  .at  least  ten  d.ays  notice  of  the  time  .and  pl.ace  appointed  for 
trial,  and  cause  such  witnesses  .as  m.ay  be  required  by  either  partv  to  be  sum- 
moncd  by  the  Adjut.ant  of  the  regiment  in  which  they  reside;  and  evrry  p*>r- 
son  so  summoned  .and  failing  to  attend,  or  refusing  to  be  sworn,  shall  b.'"  tried 
by  the  court  martial,  and  if  he  be  au  officer,  m.ay  be  cashiered,  or  m.ay  be  fined 
at  the  discretion  of  the  court  martial,  not  exceeding  fiftv  dollars  ;  if  .a  non-com- 
missioned  officer,  or  priv.at.>,  he  may  be  fined  not  exceeding  twenty  dollars,  and, 
moreover,  be  conhoed  under  giuard.  or  put  in  jail  until  he  will  give  .'videuce. 

^'•'p-  26.  If  .any  member  of  a  court  m.artial  shall  be  challenged  bv  the  ac- 
cused, he  shall  state  the  cause  of  his  objection,  which  the  court  shall 'consider 
and  determine;  and  if  any  person  arraigned  before  a  court-martial  shall  stand 
mute,  refuse  to  plead,  or  answer  foreign  to  the  purpose,  or  if  any  one  sum- 
moned to  make  his  defence  i)efore  a  court-martial  shall  neglect  or  refuse  to 
appear,  or  to  send  his  defence  in  writing,  sworn  to  before  some  one  .authorized 
to  administer  sucli  oath,  the  court  shall  proceed  to  try  and  .adjudge  the  case, 
w  li  he  h.ad  pleaded  not  guilty;  but  ii>  every  sucli  case  the' person  .against 
"k  p"r'"^""  "^  "'ay  be  rendered,  or  .anyone  dissatisfied  with  such  decision, 
>mili  have  the  right  within  thirty  days  after  its  publicjition,  to  appeal  to  the 
ifhi'cr  ordernig  the  court,  accompanying  the  same  with  an  affid.avit,  that  he 
■fluid  not  attend  the  court,  nor  render  his  defence  in  writing  to  the  same,  or 
hat  he  could  not.  from  some  cause,  winch  shall  be  stated,  make  his  defence  to 
uch  court  without  neglect  or  design  on  his  part,  and  that  the  appeal  is  not 
rierely  for  del.ay.  '  * 

•Slic.  27.  V.Avh  Judge  Advocate,  previous  to  entering  on  the  duties  of  his 
ppointment,  shall  take  an  oath  to  support  the  Constitution  of  the  Confederate 
■tatcs,  and  of  the  State  of  Texas,  and  also  that  he  will  well  and  truly  perform 
B 


]8 

the  duty  of  Judge  Advocate,  accoi'ding  to  law  and  the  best  of  his  skill  and 
abilities ;  which  oath  shall  be  in  writing,  signed  by  the  Judge  Advocate,  and 
attested  by  the  officer  who  administered  the  same ;  the  Judge  Advocate  thus 
sworn  shall  administer  the  following  oath  to  the  officers  previous  to  their  enter- 
ing on  the  duties  of  any  court  martial,  viz :  You,  and  each  of  you,  do  solemnly 
swear,  that  you  will  well  and  truly  enquire  into  the  delinquencies  which  may 
appear,  on  returns  which  may  be  laid  before  you,  without  favor  and  affection, 
partiality  or  prejudice ;  and  that  you  will  not  disclose  or  discover  the  vote  or 
opinion  of  any  particular  member  of  this  court,  unless  required  to  give  evi- 
dence thereof  in  a  court  of  justice,  so  help  you  God.  It  shall  be  the  duty  of  the 
Judge  Advocate  to  provide  a  book,  in  which  he  shall  record  the  proceedings  of 
the  court  martial,  which  are  or  shall  be  required  by  law,  and,  for  his  services, 
be  allowed  the  sum  of  three  dollars  per  day  for  attending  regimental  or  bat- 
talion courts-martial,  which  it  shall  be  his  duty  to  attend,  to  be  paid  out  of  the 
fines  arising  under  this  act.  If  from  any  cause,  a  Judge  Advocate  should  fail 
to  attend  a  court-martial,  as  provided  in  this  act,  it  shall  be  the  duty  of  the 
officers  present  to  appoint  a  Judge  Advocate  for  the  time  being;  and  in  case  of 
his  death,  resignation  or  removal  out  of  the  county,  or  from  his  office,  the  jour- 
nals and  proceedings  shall  be  kept  by  the  Colonel  or  commanding  officer  until 
a  Judge  Advocate  shall  be  appointed  in  his  stead.  He  shall  make  a  faithful 
record  of  the  proceedings  of  such  court,  which,  after  being  read  over  in  their 
hearing,  shall  be  signed  by  the  President  and  himself,  and  transmitted  to  the 
officer  ordering  the  court,  and  no  such  sentence  shall  be  executed  until  ap- 
proved by  such  officer ;  if  any  officer  ordering  a  court-martial  shall  be  pro- 
moted, resign,  die,  or  vacate  his  position  by  removal  or  by  any  other  way,  be- 
fore the  sentence  shall  have  been  executed,  the  proceedings  of  such  court-mar- 
tial shall  be  transmitted  to  his  successor  in  command,  who  shall  have  the  same 
power  in  regard  to  such  proceedings  as  if  he  had  originally  ordered  the  court. 

Sec.  28.  No  officer  or  private,  ordered  or  directed  by  this  act  to  appear  as 
aforesaid,  shall  be  liable  to  be  taken  or  arrested  by  any  officer  in  any  civil 
action  or  process  whatsoever  on  the  day  such  person  is  directed  to  appear,  or 
in  any  reasonable  time  in  going  to,  continuing  at  or  returning  from  the  same  ; 
and  every  such  arrest  is  hereby  declared  void. 

Sec.  29.  The  Governor  shall  appoint  one  Adjutaut  and  Inspector-General, 
with  the  rank  of  Colonel  of  cavalrj',  with  the  advice  and  consent  of  the  Senate, 
who  shall  be  liable  to  be  removed  by  the  Governor,  who  shall  receive  a  salary 
of  two  thousand  dollars,  and  shall  give  bond  and  security  for  the  faithful  per- 
formance of  the  duties  of  his  office  in  the  sum  of  five  thousand  dollars,  to  be 
approved  by  the  Governor.  He  shall  keep  a  Military  Bureau  in  the  city  of 
Austin,  in  which  he  shall  keep  a  true  record  of  the  number  and  rank  of  each  ; 
brigade  and  regiment  in  the  State  ;  he  shall  procure  a  record,  annually,  of  the 
strength,  arms  and  equipments  of  the  State  troops,  the  names,  ranks  and  dates 
of  commissions  of  all  the  Generals  and  field  ofticers :  shall  record  all  military 
orders  received  by  him,  and  generally  all  matters  which  relate  to  his  office  or 
the  State  troops,  and  which,  in  his  opinion,  may  be  necessary  to  enable  hiiu 
to  exhibit  the  true  strength,  character  and  condition  of  the  military  force  of 
the  State  ;  he  shall  once  a  year  visit  and  inspect  the  arsenals  and  magazines 
in  the  State,  and  report  to  the  Governor  their  condition,  the  number,  kind  and 
condition  of  arms,  equipments  and  public  stores  in  each,  the  number  and  de- 
scription of  public  arms  and  equipments  distributed  to  the  State  troops  each 
year,  and  the  condition  and  disposition  of  such  distribution ;  and  all  Quarter- 
masters and  other  officers  having  charge  of  other  departments  shall,  when  re- 
quired, make  full  reports  to  him  of  the  ditferent  matters  committed  to  their 
charge.  He  shall  distribute  all  orders  from  the  Governor  to  the  several  corps, 
and  obey  all  orders  from  him,  furnish  blank  forms  of  diii'erent  returns  that 
may  be  required,  and  explain  the  principles  on  which  they  should  be  made  ; 
he  shall  make  a  return  of  the  State  troops,  with  their  arms,  ammunition  and 
accoutrements,  whenever  required  by  law,  to  the  President  of  the  Confeder- 
ate States,  and  shall  be  charged  with  all  correspondence  on  military  affairs ; 
he  shall  also  be  Quartermaster  and  Commissary-General,  and  his  duties  shalk 


19 

be  to  collect  and  tako  charge  of  all  public  property  belongiuof  to  tFie  railitafy 
of  this  State,  or  for  military  uses,  which  have  not  been  resjularly  issued  bv 
the  State,  and  his  general  duties  shall  be  similar  to  the  duties  of  the  Quarter- 
master and  Commissary-General  of  the  Confederate  States.  In  addition  to 
said  duties^  he  shall  perform  the  duties  of  Ordnance  officer,  and  h'e  shall  have 
power  to  "aj)po)nt  one  Assistant  Quartermaster-General,  with  the  rank  of 
Captain,  who  shall  receive  a  salary  of  twelve  hundred  dollars  per  annum, 
and  by  and  with  the  consent  of  the  Governor  shall,  whenever  the  business  of 
his  office  re([uires,  employ  one  or  more  clerks,  at  a  salary  not  to  exceed  seven- 
ty-five dollars  per  month. 

Sec,  30.     The  Governor  shall  appoint  one  Aid-do-Camp  in  each  Congres- 
sional District  in  this  State,  with  the  rank  of  Colonel. 

Sec.  31.  Every  commissioned  officer  shall  be  furnished  with  one  copy  of 
this  Act,  at  the  expense  of  the  State ;  and  every  officer  shall,  when  he  goes 
out  of  office,  deliver  to  his  successor  in  office  all  books  and  forms  furnished 
him  by  the  Stite,  or  received  from  his  predecessor  in  office,  and  also  all  books 
and  papers,  in  his  possession,  belonging  to  his  division,  brigade,  regiment,  bat- 
talion or  company ;  and  every  officer  who  shall  neglect  or  refuse  so  to  do,  shall 
be  fined  twentydollars  ]ier  month  for  every  month  ho  .shall  so  neglect  or  refuse,., 
after  a  demand  thereof  h;is  been  made  by  his  successor,  to  be  recovered  before 
any  Justice  of  the  Peace  having  jurisdiction  thereof. 

Sec.  32.     Each  regiment  shall   bo  provided  with  the  State  and  regimental 
colors  by  the  field   officers,  and  each  company   with  a  drum  and  fife,  or  two 
bugles,  to  be  paid  for  out  of  any  moneys  arising  from  fines,  or  appropriated  in- ■ 
any  manner  as  a  regimental  or  company  fund. 

Sec.  3:1  The  Governor  shall  have  power  and  authority  to  grant  a  furlough 
or  exemption  from  duty  to  any  officer  or  private  of  the  State  troops  of  this 
IState  for  such  time  a.s  to  him  shall  seem  reasonable.  A  Brigadier-Grcneral  ' 
jShall  have  power  to  grant  a  furlough  to  any  officer  of  his  brigade  for  a  time 
'not  exceeding  three  mouths  in  any  one  year.  A  Colonel  shall  have  power  to 
i^raut  a  furlough  to  any  otticer  of  his  regiment  for  a  time  not  exceeding  one 
loionth  in  any  one  year;  but  no  furlough  shall  be  granted  without  good  and 
jiufficient  cause. 

i  Sec.  34.  During  any  invasion,  insurrection  or  rebellion,  whenever  in  the 
[jpinion  of  the  Governor  the  interest  of  the  State  demands  that  the  State 
[troops  be  called  into  the  field,  or  whenever  the  President  of  the  Confederate 
[States  shall  call  upon  the  Governor  of  this  State  to  furnish  an  additional 
inlount  of  soldiers  for  the  prosecution  of  the  present  war,  the  Governor  shall 
ssue  his  proclamation  for  any  designated  number  of  volunteers  to  take  the 
5eld;  and  should  the  numlier  oftering  be  insufficient  to  meet  the  demand,  the 
governor  shall,  in  that  event,  direct  such  Brigadier-Generals  as  he  may  see  fit, 
0  order  a  draft,  as  is  herein  i)rovided,  to  wit:  the  Captain  or  commanding 
jfficer  of  such  companies  as  are  ordered  out,  shall  cause  the  names  of  all  per- 
ions  enrolled  in  the  muster-roll  of  such,  company  (officers  excepted)  to  be 
vritteu  down  on  small  pieces  of  paper,  which  shall  be  folded  up  and  put  in  a 
lat,  and  shaken  together,  and  the  clerk  or  sergeant  of  said  company  shall 
Iraw  out  of  the  hat  the  nauu's  of  so  many  persons  as  will  not  exceed  three- 
ourth  i);irt  of  said  company,  and  the  persons  whose  names  shall  be  so  drawn 
hall  be  obliged  to  marcli  according  to  such  orders  as  shall  be  given  by  the 
jfovernor  or  officer  in  command,  but  no  offieer  of  any  company  shall  be  ex- 
used  from  marching  with  the  company,  unless  by  permission  of  the  Gover- 
lor  <>r  officer  in  command. 

'  'Mi.  If  any  pi^rson  whose  name  is  drawn  as  aforesaid  and  is  thereby 
i\  to  march  out  of  his  counly,  district  or  Stale,  can  provid(!  an  able-bodied 
man  who  shall  be  approved  by  a  majority  of  the  commissioned  <  fficers  of 
uijiany  to  which  such  person  belongs,  armed  ami  equipped  aciording  to 
every  such  j>erson  shall  bn  permitted  and  at  liberty  to  do  so,  and  upon 
lining  such  able-bodied  man  in  his  stead,  he  shall  be  excu.sed  from  m.'uch 
i:i  }>erson. 


20 

Sv.c.  3(3.  The  State  troops  when  called  out  by  the  Governor  and  placed  into 
actual  service,  shall  have  the  same  pay  and  rations,  and  be  governed  by  the  same 
rules  and  regulations  as  soldiers  of  the  army  of"  the  Confederate  States,- and 
all  offences  committed  by  any  officer,  non-commissioned  officer  or  private  of 
the  State  troops,  against  said  rules  and  regulations,  shall  be  tried  and  deter- 
mined by  a  court-martial,  composed  of  officers  of  the  State  troops,  but  it  shall  be 
in  the  power  of  the  Governor  to  mitigate,  pardon  or  cancel  the  finding  of  any 
such  court-martial. 

Sec.  :i7.  All  volunteer  companies  of  thif?  State,  organized  under  an  act,  ap- 
proved February  15th,  1858,  are  hereby  incorporated  into  and  shall  form  a  part 
of,  and  be  attached  to  the  regiment  of  the  State  troops  within  their  respective 
brigade,  and  shall  turn  out  and  perform  duty  with  the  same  upon  all  battalion, 
regimental  or  bi-igade  drills,  parades  or  encampments,  and  whenever  any  such 
volunteer  company  shall  be  called  into  active  service  by  the  Governor  of  the 
State,  or  ordered  out  by  the  Brigadier  General,  within  the  limits  of  his  brigade, 
to  suppress  insurrection  or  repel  invasion,  such  volunteer  company  shall  have 
the  privilege  of  going  out  as  a  whole  company ;  but  should  such  volunteer 
company  refuse  to  march  as  a  whole  company,  it  shall  forthwith  be  dissolved 
by  order  of  the  Governor,  and  when  a  member  of  any  volunteer  company  shall 
refuse  to  obey  the  orders  of  the  Urigadii-r  General  in  refusing  to  perform  duty 
prescribed  by  this  act,  such  person  sh^ll  be  liable  to  the  fines  and  forfeitures  aa 
persons  of  like  grade  of  the  State  troops,  to  be  collected  as  is  herein  provided. 

Sec.  '^S.  When  ajiy  volunteer  company  shall  be  dissolved,  each  member 
thereof  shall  forthwith  enroll  himself  in  the  beat  company  in  which  he  resides, 
or  shall  become  a  member  of  some  other  volunteer  company  ;  and  every  per- 
son that  shall  neglect  or  refuse  to  do  so,  shall  be  enrolled  by  the  sergeant, 
clerk  or  enrolling  officer  of  the  beat  company,  who  shall  perform  all  military 
service  required  o!  him  under  such  penalties  as  are  prescribed  by  this  act  in, 
such  cases  made  and  provided. 

Sec.  39.  All  returns  required  ot  State  troops  shall  also  be  required  of  all 
volunteer  companies,  and  every  volunteer  companj',  organized,  or  which  may 
be  hereafter  organized,  shall  report  such  organization  to  the  Adjutant  General, 
and  anj'  company  of  men  banding  themselves  together  as  a  military  company,' 
bearing  arms,  who  shall  fail  to  report  themselves  to  the  Adjutant  General  lor 
organization  as  is  required  by  law,  witliin  two  months  alter  the  passage  of 
this  act,  each  officer  and  member  thereof  sliall  be  deemed  guilty  of  a  misde- 
meanor, and  liable  to  indictment  and  fine,  to  be  recovered  in  the  District  Court, 
in  a  sum  of  not  less  than  twenty-five  nor  more  than  cue  hundred  dollars  for 
any  such  violation,  except  such  troops  as  are  now  authorized  to  be  organized 
by  the  Confederate  Government. 

Skc.  4(1.  The  Governor  shall  have  the  power  to  cancel  the  commission  of 
any  Brigadier  General  appointed  under  the  militia  act  of  February,  14th, 
1860,  and  such  Brigadier  Generals  as  may  be  retained  by  the  Governor,  shall 
be  immediately  notified  of  the  same  through  the  office  of  the  Adjutant  General. 

Sec.  41.  The  sj'stem  of  discipline  and  exercise  which  is  and  shall  be  or- 
dered to  be  observed  by  the  regular  army  of  the  Coniederate  States,  shall  be ,, 
observed  by  the  troops  of  this  State,  and  the  conmianding  officers  of  the  sev- 
eral brigades  shall  cause  the  iioops  within  their  respective  commands  to  be 
disciplined  and  trained  coaformably  thereto  in  all  things  not  otherwise  direct- 
ed by  this  act ;  and  in  all  cases  not  specially  provided  for  by  this  act,  such  , 
provisions  of  law  as  have  been  or  may  be  made  by  Congress  for  the  govern- 
ment and  direction  of  the  army  of  the  Confederate  States  in  similar  cases,  shall 
be  binding  upon  and  be  observed  and  conformed  to  by  the  troops  of  this  State, 
and  the  Ibrnis  and  rules  of  proceedings  ol  all  courts-martial,  not  provided  for 
in  this  act,  shall  be  such  as  are  established  by  the  rules  and  articles  of  war 
adopted  and  used  in  the  military  service  of  the  Confederate  States. 

Sec.  4:^.  In  all  cases  of  fines  imposed  by  this  act,  unprovided  for  after  the 
court-martial  shall  have  heard  the  cause  and  are  of  the  opinion  that  the  party 
or  parties  charged  are  guilty,  and  subject  to  a  fine  as  imposed  by  this  act,  the 
presiding  officer  of  the  court  shall  certify  the  same  to  the  Justice  of  the  Peaca 


21 

nearest  the  party  charg^ed^  who  shall  in  all  such  cases  proceed  as  directexl  in 
the  si.xtt^enti\  section  of  this  act. 

Sec.  43.  All  persons  raising  or  organizing  troops  in  this  Statii  nndor  the 
autliority  of  the  Confederate?  States,  shall,  before  the  removal  of  s;iid  troops 
from  tins  St.Tte,  file  in  the  office  of  the  xVdjntaiit  General,  a  complete,  muster  roll 
of  said  troops. 

Sec.  44.  The  sum  of  one  thousand  dollars,  or  so  much  thereof  as  is  neces- 
sary, is  hen>by  approjniated  ont  of  .'iny  unappropriated  funds  in  the  Tn^asury, 
for  the  purpose  ot  jjurchasing  forms,  bonks,  ».tc.,  neci'ssary  to  carry  this  act 
into  etf<:ct,  and  that  an  act  entitled  an  act  to  organize  the  militia  of  the  Stato 
of  Texas,' approved  Fel)ruary  14th,  ]8i)l),  be  and  tlie  same  is  h<Meby  repealed, 
and  tliat  this  act  take  effect  and  be,  in  force  from  and  after  its  passage. 

Approved,  December  '2.5tli,  18(51. 

CHAPTER    XXI. 
AN^  ACT  to  protect  the  wool grotcing  interests  of  Taas. 

SErTION  1.  Be  it  enacted  by  the  Legislxiture  of  the  State  of  Terns,  That  it 
shall  be  unlawful  for  any  ])crson  or  persons  owning  sheep  infected  with  tho 
disea.se  known  as  the  scab,  to  allow  said  sheep  to  run  at  large,  or  in  ch.irge  of 
a  shepherd  or  other  person,  beyond  the  limits  of  his  oi"  her  own  land,  or  tha 
land  wliich  he  or  slie  may  occupy  under  lease. 

Sec.  2.  That  any  person  or  persons  who  shall  offend  against  tiie  pro- 
visions of  the  1st  Section  of  this  Act,  shall  be  liable  on  conviction  in  damages 
to  any  person  who  shall  suffer  injury  by  disease  to  his  or  her  property  in  conse- 
quence thereof. 

Sec.  ;<.  That  it  shall  be  unlawful  for  any  person  or  persons  to  drive 
gheep  infected  with  the  scab,  from  any  other  State,  or  from  the  Republic  of 
Mexico,  into  this  State,  or  from  one  part  of  the  State  to  another  part  thereof. 

Sec.  4.  That  any  person  or  persons  who  shall  offend  against  tho  pro- 
Visions  of  the  tliird  section  of  this  act  shall  be  liable  on  conviction  thereof  to 
a  fine  of  not  less  than  fifty  dollars,  nor  iv.orethan  one  hundred  dollars,  and  also 
in  damages  to  any  j)erson  who  shrJl  suffer  injury  to  his  or  her  property  in  con- 
Bequence  thereof,  and  that  the  sheep  so  driven  shall  be  subject  to  attachment, 
to  secure  the  fine  or  damages,  as  in  cases  where  tho  demand  is  liquidated. 

Sec.  5.  All  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  into  the  ('ounty  Tr  casury  and  be  used  for  county  pur))oses. 

Sec.  G.  That  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  December  "^Sth,  1861. 


CHAPTER  XXll. 

AN  ACT  to  authorize  the  Governor  to  appoint  Commissioners  of  Deeds,  Sfc,,in 

the  Choctatc,  Chirkasatr,  Cherokee  and  Creek  Nations  of  Indians  on  the  northern 

border  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the.  State  of  Texas,  That  tho 
Governor  of  the  State  of  Texas  is  hereby  authorized  to  ai)point  a  snitablo 
number  of  discreet  persons  in  the  Chocfaw,  Chicka.saw,  Cherokee  and  Creek 
Nations  of  Indians,  not  to  exceed  four  in  each  Nation,  Commissioners  of 
Deeds,  Ac.  and  said  Commissioners  shall  have  power  and  authority  to  tako 
acknowledgments  of  all  deeds,  transfers  or  conveyances  of  all  kinds  of  pro- 
perty situated  in  this  State  ;  also,  to  take  the  acknowledgment  of  married 
Women  as  required  by  the  laws  of  this  State,  and  to  take  depositions  under 
eommissions  issued  under  the  laws  of  this  State. 

Sec.  *2.  That  the  official  .acts  of  any  Commissioner  appointed  under 
this  act.  and  certified  under  the  hand  and  Pea!  of  said  Commissioner,  which 
OCrtifieate  shall  be  anrrexed  to  such  instrument  in  ju'oof  of  the  official  acts  of 
■uch  officers,  shall  have  the  same  effect,  and  shall  be  as  valid  as  if  such  acts  had 
been  done  in  this  State  as  now  require  i  by  law. 


22 

Sec.  3.  Every  Commissioner  appointed  by  virtue  of  this  act  shall  have 
full  power  and  authority  to  administer  an  oath  or  afBrniation  to  any  person  who 
shall  be  willing  or  desirous  to  make  such  oath  or  affirmation  before  him,  and 
such  affidavit  or  affirmation  made  before  such  Commissioner  shall  be  as  valid 
and  effectual  to  all  intents  and  purposes,  as  if  taken  by  any  officer  in  this  State 
competent  to  take  the  same. 

Sec.  4.  Every  Commissioner  appointed  under  this  act,  before  he  shall 
proceed  to  perform  any  official  act  under  and  by  virtue  of  this  act,  shall  take 
<-tand  subscribe  an  oath  or  affirmation  before  sonie  clerk  of  the  court  of  record 
Lie  the  States  of  Texas  or  Arkansas,  well  and  faithfully  to  execute  and  perform 
;.  ail, the  duties  of  such  Commissioner,  under  and  by  virtue  of  this  act  and  the 
;  laws  of  this  State.  Which  oath  or  atTirmatiou,  certified  to  by  the  clerk,  under 
his  hand  and  seal  of  office,  shall  be  filed  in  the  office  of  Secretary  of  this  State. 

Sec.  5.  Every  Commissioner  under  this  act,  shall  provide  for  liimself' 
a  seal  with  a  star  of  five  points  in  the  centre,  and  the  words  "  Commis- 
sioner of  the  State  of  Texas  "  engraved  thereon,  which  seal  shall  be  used  to 
certify  all  the  official  acts  of  such  Commissioner,  and  without  the  impress  of 
said  seal  upon  any  instrument,  or  to  certify  any  act  of  such  Commissioner,  said 
act  shall  have  no  validity  in  this  State. 

Sec.  6.  This  act  shall  take  effect,  and  be  in  force,  from  and  after  its 
passage. 

Approved  December  31st,  1861. 


CHAPTER  XXIII. 

AN  ACT  to  authorize  the  Supreme  Court  of  the  State  to  hold  its   sestiions  durini 

the  present  war,  at  some  other  place  thav  the  city  of  Galreston. 

Section  1.     Be  it  enacted  hy   the  Legislature  of  the  State  of  Texas,  That  dj 
ring  the  existence  of  the  present  war,  the  sessions  of  the  Supreme  Court 
the  State,  for  the  Galveston  District,  may  be  held  at  such  other  safe  and  con- 
venient place  within  said  district,  as  the  Judges  thereof  may  select  and  desig* 
nate. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Chief  Justice  or  presiding  J udf,fe 
•of  said  court  to  publish  a  notice,  in  at  least  two  newspapers  of  general  circu- 
lation within  said  district,  for  three  consecutive  weeks,  designating  the  place 
selected  for  holding  the  session  of  said  court. 

Sec.  3.  That  the  Judges  of  said  coiu-t  are  hereby  authorized  to  have  the 
Kecords  and  Library  appertaining  to  the  Supreme  Court  of  said  Galveston 
district,  removed  from  the  City  of  Galveston  to  su(;h  place  as  may  be  s61ected 
by  them  for  holding  the  session  of  said  court. 

Sec.  4.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  December  31st,  1861. 


CHAPTER  XXIV. 

AN  ACT  to  amend  the  \st  and  Mth  sections  of  An  Act  to  authorize  the  sale  of 

the  Public  Domain,  approved  February  Mth,  1858. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
first  section  of  the  above  recited  act  shall  hereafter  read  as  follows  :  That  the 
Commissioner  of  the  General  Land  Office  is  authorized  to  issue  land  scrip  in 
certificates  of  not  less  than  one  hundred  and  sixty  acres  (except  in  the  cases 
herein  provided,)  which  certificates  may  be  sold  at  tlie  jtrice  of  fifty-five  cents 
per  acre,  shall  issue  in  the  name  of  the  purchaser,  and  may  be  located  upon 
.any  vacant  unappropriated  public  domain,  not  being  set  apart,  held  in  reser- 
vation, or  the  location  of  which  is  prohibited  by  law. 

Sec.  2.  That  the  11th  section  of  said  act  shall  hereafter  read  as  follows: 
That  the  proceeds  from  the  lauds  sold  under  the  provisions  of  the  first  section 
of  this  act  shall  be  added  to  the  State  revenue;  provided  that  all  Treasury 


23 

Warrants  that  have  been  or  may  hereafter  be  issued,  shall  1  c  receivable  in 
payni(>nt  lor  certificates  issued  under  the  provisions  of  this  act  until  otherwise 
provided. 

Sec.  ;{.  That  this  act  shall  tak(  etfect  and  be  in  force  from  and  after  its 
passage. 

ApprOAcd,  January  1st.  1862. 


CHAPTER  XXV. 

.'I  A^^  ACT  to  anioid  the  1  l(V/t  section  nf  An  Act,  entitled  "  An  Act  to  regulate  pro 
crfrfin/j-.-}  in  the  County  Court  pertaining  to  the  Estates  of  Deceased  Persons,^' 
pagned  March  '20M,  1H48. 

Section  1.  Be  it  enacted  by  the  Leiiislature  of  the  State  of  Texas.  That 
from  after  the  j)assage  of  this  act,  tlie  UOtli  section  of  the  above  recited  act 
shall  read  as  follows  : 

Any  ])ersoii  caj)able  of  niakinj,'  a  will,  may  so  provide  by  his  or  her  will, 
that  no  otlier  action  shall  be  had  in  the  co'inty  court  in  relation  to  the  settle- 
ment of  liis  or  her  estate,  than  tlio  probainj^  and  re(!:istration  of  his  or  her 
will,  and  the  return  of  an  inventory  of  the  estate  ;  and  in  all  sticli  cases,  any 
person  liavin<j  a  debt  or  claim  against  said  estate,  mny  enforce  the  payment  of 
the  same,  by  suit  against  the  executor  of  sai'l  will ;  and,  when  judgment 
is  recovered  against  such  executor,  (he  execution  ^hall  run  against  the  estate 
of  such  testator  in  the  hands  of  such  executor ;  provided  that  no  such  exec- 
utor shall  be  required  to  ])lead  to  any  suit  brought  against  him  for  money, 
until  the  expiration  of  twelve  mouths  from  the  date  of  the  probate  of  such  will. 
But  in  cnses  wliore  no  bond  and  security  has  been  required  of  such  executor, 
at  the  time  of  llie  probate  of  such  will,  any  jicrson  having  a  debt  against  said 
estate,  or  any  person  having  an  interest  therein,  whether  in  person  or  as  repre- 
sentative of  another,  may  by  complaint  in  writing,  filed  in  the  court  where 
such  will  was  ]irobated,  cause  such  executor  to  be  cited  to  apjiear  before  such 
court,  at  some  regular  term,  and  on  makinc  it  appear  to  the  satisfaction  of 
said  court,  that  siu'h  executor  is  wasting  said  estate,  and  that  thereby  said 
■creditor  will  probably  lose  his  debt,  or  such  other  person  his  or  her  interest 
in  the  estate,  he  may  liave  an  order  of  said  court  ordering  sucii  executor,  to 
give  bond  with  two  or  more  good  and  sufficient  sureties,  for  an  amount  equal 
to  double  the  full  value  of  such  estate,  to  be  approved  by,  and  payable  to  the 
Chief  Justice  of  the  county  ;  conditioned,  that  said  executor  will  well  and 
truly  administer  such  estate,  and  l!1iat  he  will  nat  waste  or  mismanage  the 
same ;  which  bond  may  be  recovered  upon  as  other  bonds  given  by  executors 
and  administrators ;  and  should  such  executor  fail  to  give  such  bond,  within 
ten  days  after  the  order  requiring  him  so  to  do,  then  it  shall  be  the  duty  of 
•such  Chief  Justice  to  remove  him  from  the  administration  of  such  estate,  and 
appoint  some  competent  person  in  liis  stead,  whose  duty  it  shall  be  to  admin- 
ister said  estate  according  to  the  terms  of  such  will ;  and  who,  before  he  en- 
ters upon  the  administration  of  said  estate,  shall  be  required  to  give  bond 
with  two  or  more  good  and  sufficient  sureties,  in  double  the  amount  of  the 
value  of  said  estate ;  conditioned,  payable,  and  recoverable  upon  as  the  bond 
rociuircd  of  such  executor. 

Apj)roved,  January  1st,  186'3. 

CUAPTKR  XXVI. 

"  AJV  JICT  authorizing:  the  Count}/  Courts  of  the  several  counties  in   this 
State  to  Irvi/  and  collect  a  special  tar  for  war  purposes  on  all  property  sub- 
ject to  taxation  by  the  State." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  County  Courts  of  the  several  counties  in  this  Stato,  shall  have  power  to  levy 
And  cause  the  assessment  and  collection  of  a  special,  direct  ad  valorem  t&\  on 
.all  property  subject  to  taxation  by  the  State,  of  not  exceeding  twenty-five  ccnU 


24 

on  each  one  hundred  dollars  in  value  of  properly,  which  tax  shall  be  called  a 
war  tax  and  the  same  shall  )x  assessed  and  collected  by  the  Assessors  and  Collect- 
ors of  the  various  counties  in  the  same  manner  and  at  the  same  time  as  is  now 
or  may  hereafter  be  provided  by  law  for  the  assessment  and  collection  of  the 
State  Tax. 

Sec.  2.  That  the  tax  collected  under  the  provisions  of  this  act,  shall  be 
appropriated  and  disbursed  by  the  several  County  Courts,  or  under  their  au- 
thority, to  the  payment  of  liabilities  which  have  been  or  may  hereafter  be  in- 
curred by  the  County  Courts,  or  by  their  authority,  for  the  support  and 
maintenance  of  the  war  now  existing- between  the  Confederate  States  of  America 
and  the  United  States ;  for  matters  strictly  appertaining  to  the  military  and 
naval  defence  of  this  State  and  of  the  Confederate  States  ;  for  the  support  of 
destitute  families  of  persons  who  are  now  or  may  hereafter  be  regularly  enlisted 
in  the  army  or  navy  in  the  service  of  this  State  or  of  the  Confedertite  States, 
subject  to  the  discretion  of  the  County  Courts  ;  and  in  the  discretion  of  the  County 
Courts  for  the  re-imbursement  to  the  several  County  Treasuries,  of  any  money 
which  such  County  Courts  may  have  appropriated,  drawn,  and  expended  from  the 
County  Treasurer  for  the  support  of  the  objects  indicated  in  this  act,  and  which 
money  belonged  to  any  general  or  special  fund  of  said  county. 

Sec.  3.  The  levy  of  the  tax  herein  provided  for  shall  be  made  Vjy  the 
County  Courts  at  some  one  of  the  regular  terms  therepf,  and  in  like  manner  a.s 
is  or  may  be  provided  by  law  for  the  levy  of  county  taxes ;  and  within  ten  days 
after  the  levy  of  such  tax  by  any  County  Court,  it  shall  be  the  duty  of  such 
Court  to  report  to  the  Comptroller  of  Public  Accounts,  by  certiticate,  under  the 
seal  of  the  county,  the  rate  of  taxation  so  levied  by  such  Court,  and  ou  the  re- 
ceipt of  such  report  by  the  Comptroller,  it  shall  Ij.'  his  diity  to  notify  the  Asses- 
sor and  Collector  of  each  county  iu  the  Slate,  of  the  rate  of  taxation  so  levied 
by  each  of  the  several  counties  so  reported  to  him,  and  the  County  Courts  of 
each  county  shall  keep  a  regulur  account  of  the  receipts  and  di.sbursements  un- 
der the  provisions  of  this  act,  with  proper  vouchers  for  the  disbursements,  and 
shall  report  the  same  semi-anaually  to  the  Comptroller  of  Public  Accounts,  duly 
certitied  under  the  seal  of  the  county. 

Sko.  4.  Within  twenty  days  after  the  levy  of  a  tax  by  any  County  Court 
under  the  provisions  of  this  act,  it  shall  li''  the  duty  of  the  Assessor  and  Collector 
of  taxes,  of  sueli  county,  to  give  a  l)ond  payable  to  the  Chief  Justice  of  the 
county  and  his  successors  in  office,  in  a  sum  not  le.ss  than  double  the  probable 
amount  of  the  tax  to  be  assessed  in  the  county  under  this  act,  for  one  year, 
with  at  least  three  good  and  sufficient  securities,  to  be  approved  by  the  County 
Courts;  which  bond  shall  be  deposited  and  recorded  in  the  County  Clerk's  office 
of  thi;  county,  said  bond  shall  be  deemed  *to  extend  to  the  faithful  performrfucc 
of  the  duties  of  his  office  as  Assessor  and  Collector,  in  assessing,  collecting  and 
properly  paying  over  the  tax  levied  by  the  County  Court  for  the  year,  and  shall 
not  become  void  upon  the  first  recovery,  but  suit  may  be  maintained  thereon 
until  the  whole  amount  thereof  be  rccovei'cd  ;  and  should  any  Assessor  and  Col- 
lector fail  ov  refuse  to  give  ))ond  within  the  time  as  herein  required,  or  should  he 
fail  to  give  new  bond  and  additional  securities  when  required  by  the  County 
Court,  as  nuiy  be  done  by  such  Court  when  deemed  to  be  advisable,  such  Asses- 
sor and  Collector  shall  be  suspended  and  dismissed  from  office  by  the  County 
Court  of  his  county.  The  As.sessors  and  Collectors  of  taxes  shall  be  allowed,  as 
compensation  for  their  services  iu  assessing  and  collecting  the  tax  provided  for  by 
this  act,  one-half  the  rate  percent,  of  commissions  allowed  by  law  to  such  Asses- 
sors and  Collectors,  for  assessing  and  collecting  the  State  tax,  and  each  As.sessor 
aud  Collector  shall  immediately  pay  to  the  Treasurer  of  his  county  all  money 
collected  by  him  under  the  provTsious  of  this  act,  in  the  .«ame  kind  of  funds 
as  received  by  him  or  iu  specie.  And  that  the  County  Trea.surer  of  each 
county  levying  a  tax.  under  the  provisions  of  this  act,  shall,  annually,  execute  a 
bond  payable  to  the  Chief  Justice  of  such  county,  and  his  successors  in  office,  in  a 
sum  not  less  than  double  the  amount  of  the  tax'  assessed  under  this  act,  with  at 
least  three  good  and  sufficient  sureties  to  be  approved  by  the  County  Court, 
which  bond  shall  be  deemed  to  extend  to  the  faithful  performance  of  his  duties , 


25 

as  Treasurer,  in  receiving?  aivl  disbursing  all  moneys  that  may  l>o  placed  in  his 
hands  under  the  provisions  of  this  act. 

Sec.  5.  It  sli  ill  be  th.'  duty  of  tho  Governor  to  use  all  proper  mean8  to 
coll"ct  from  the  Cuiifedenite  States  the  amount  of  tax  coUecteil  and  disbursed 
under  and  in  accorJauce  with  the  provisions  of  this  act,  except  so  much  thereof 
as  m^ay  be  dishnrs  d  for  the  suppm-t  of  destitute  families  as  provided  in  the  second 
section,  and  3II  amounts  of  nio.iey  which  may  be  collected  of  the  (\wifederate 
Statjs  under  t!ie  |)rovisio,is  of  tins  act  shall  be  paid  over  to  the  counties  by 
which  it  was  orig.nally  collected,  and  if  not  sumcient  to  pay  such  counties  in 
full,  then  the  amou.its  received  from  the  Goiifederate  States  shall  be  paid  over 
to  said  comities /)/-«  rata  a\)oi\  the  amounts  collected  and  disbursed  by  thera 
severally  as  aforesaid. 

Sr.c   t).    Th  sact.  sh  ill  1)2  in  force  from  and  after  its  passa^^e. 

Approved   January  1st,  18()2.  ° 

CHAPTER  XXVII. 

AN  ACT  to  reiiihc  the.   Financitl  Ao;ent  of  the   State  Ptnitnitiary  to  settle  hin 

accounts  quarlrr/y  icifh  the  Slate  Comptroller. 

Skction  J.  B;.  it  enttrtct  hy  the  Lralsliiturc  of  the  State  of  Teras,  That  here- 
after, it  shill  be  til"  dnt.f  of  tlu  Finincial  Ajjmit  ot  tlie  State  Penitentiary  to 
submit  his  accounts,  quarterly  to  the  Slate  Comptroller,  for  adjustment  and 
audit;  the  quarters  to  end  on  the  last  days  of  November,  February,  May  and 
Auo-nst. 

Sec.  S.  Tiie  said  returns  shall  embrace  a  full  e^iibit  of  all  the  financial 
operations  of  the  Penitentiary,  slunvinjr  iu  dnail,  the  receipts  from  all  sour- 
ces, settiujr  forth  the  source  from  wlience  derived,  and  the  disbursements  and 
on  what  account  made,  and  shall  follow  the  instructions  of  the  Comptroller,  in 
adopting  such  a  system  of  accounts,  as  he  may  direct. 

Skc.  i5.  No  money  shall  be  drawn  on  reiiuisitiou  from  tho  State  Treasurv, 
on  account^ of  tlio  support  of  tho  P-mitentiary,  or  for  the  transportation  of 
convicts  tli.'n-to,  until  a.l  such  sums  as  may  have  been  previously  drawn,  shall 
nave  b>'cii  accounted  for. 

Sec.  4.     That  such  portion  of  the  first  section  of  an  act  passed  February 

th,    18)2,  entitled   "An  Act  supplementary  to  an  Act  to  establish  a  State 

mitentiary,"  as  conflicts  with  this  act  be,  and  is  hereby  repealed. 

Sue.  r>.     i'his  act  shall  take  effect  from  its  passage. 

Approved  January  2d,  !«(>•«>. 

CHAPTER  XXVIII. 
AN  ACT proriiflngfor  the  transjer  of  all  suits  and  matters  in  the  lata    District 
Courts  of  the  IJniieA  Slates  of  America  in  this  State  on  ami  precious  to  the  sec- 
ond day  of  Mtrch  A.  D.,  lrf.il,  which  are  not  cognizable  in  the  Courts  of  the 
Confederate  r,i  ites  of  Aniericj,  under  the  provisions  of  the  permanent  Constitti- 
tioti  of  said  Confeterale   States,  to  the  appropriate   Courts  of  this  State,  and 
providui'^  for  thejinal  determinati<m  or  disposition  of  the  same. 
Section   1.     B^  it  enacted  by  the  Lrgishiture  of  the  State  of  Texas,  That 
all  the  paji'^rs  .and  proceedings  of  the  latijDistrict  Courts  of  the  United  States. 
of  America  in  Tex.i-;,  app 'rtaining  to  sui'is  in  said  courts  in  which  judgments 
or  decree?   had   be.n   rendi  red  prior  to  the  second  day  of  March  A.  D..  18(51, 
which  judgments  or  decrees  had  not  been  fully  executed  or  satisfied  jirior  to 
"  said  date,  in  suits  that  are  not  cognizable  in  tho  courts  of  the  Confederate  Stales 
of  America  under  the  permanent  Uonntitiition  of  said  Confederate  States,  shall 
be  tran.sferreJ,  and  are   hereby   ordorcd  to  be  delivered  over  to  the  District 
Curt  of  the  State  of  Texas  in  ilio  county  in  which  such  United  States  Courts. 
wrrc,  under  the  laws  of  said  Uii.led  States,  prior  to  the  aforesaid  date,  held; 
tli.it  13  to  say  :    Tlio.se  of    the   United   States  Court  at  Austin  to  the  District 
Court  of  Travis  County— Those  of  the  United  States  Court  at  Tyler  to  the 
District  Court  of  Smith  Couiitv— Those  of  the  United  States  Court  at  Gal- 


IGth 
Pen 

S 


A'eston  to  the  District  Court  of  Galveston  County — Those  of  the  United 
Stales  Court  at  Brownsville  to  the  District  Court  of  Cameron  County.  Such 
papers  aniJ  proceedings  in  each  suit  shall  be  accompanied  in  their  transfer  by 
complete  transcripts  of  all  the  proceedings,  orders,  judgments,  and  decrees  of 
said  United  States  Court  in  such  suit,  certified  by  the  Clerk  of  the  Court  of 
the  Confederate  States  having  the  custody  of  the  records  and  papers  of  said 
United  States  Courts,  under  the  feeal  of  such  Court  of  the  Confederate  States. 
And  said  transcripts,  papers  and  proceedings,  when  so  transferred  and  filed  in 
said  District  Courts  of  this  State,  shall  thereafter  form  and  remain  a  part  of 
the  records,  papers  and  proceedings  of  said  District  Courts,  and  may  be  cer- 
tified therefrom  in  the  same  manner  and  with  the  same  force  and  eflfect  as 
though  the  same  had  originated  in  said  Courts,  and  were  original  records, 
papers  and  proceedings  thereof.  And  after  such  transfers  are  made  in  each 
case,  all  proper  orders  shall  be  made  and  proceedings  had  by  and  process 
issued  from  such  District  Courts  of  this  Slate  as  may  be  necessary  or  proper 
to  perfect  the  rights  of  the  parties  in  such  suits. 

Sec.  2.  That  all  suits  which  were  pending  in  the  said  United  States  Courts 
in  Texas  on  the  second  day  of  March  A.  D.,  1861,  that  are  not  cognizable  in 
the  courts  of  the  Confederate  States  of  America  under  the  permanent  Constitu- 
tion of  said  Confederate  States,  shall  be  transferred  to  the  proper  District 
Courts  of  this  State,  which  courts  shall  have  full  and  complete  jurisdiction  of 
the  same,  and  proceed  to  trial  and  judgment  therein  according  to  law,  in  the 
same  manner  as  though  such  suits  had  originally  been  commenced  in  such 
District  Court.  Each  suit  in  its  transfer  shall  be  accompanied  by  a  transcript 
of  all  the  orders  and  prtlfceedings  made  or  had  in  said  United  States  Courts 
previous  to  said  second  day  of  March  A.  D.,  1861,  in  such  suit,  certified  by 
the  Clerk  of  the  Court  of  the  Confederate  States  having  the  custody  of  the 
records  and  papers  of  said  United  States  Courts,  under  the  seal  of  such  Court 
of  the  Confederate  States ;  wljicli  transcripts  shall  be  respected  by  and  have 
the  same  force  and  effect  in  said  District  Coiarts  of  this  State  as  if  the  pro  • 
ceedings  therein  recited  had  been  had  by  or  in  such  District  Court.  The  ' 
courts  to  which  such  transfers  shall  be  made,  shall  be  as  follows,  to-wit : 

1st.  To  any  District  Court  to  which  both  parties,  plaintiff  and  defendant, 
or  their  attorneys  of  record  in  the  cause  in  the  United  States  Court,  shall 
agree  in  writing  to  transfer  the  same,  such  writing  to  be  filed  with  and  form 
a  part  of  the  record  of  the  cause. 

2d.  If  no  agreement  is  made,  then  the  transfer  shall  be  made  to  such  Dis- 
trict Court  as  would  have  been  entitled  to  jurisdiction  of  the  suit  had  it  been 
originally  commenced  in  the  courts  of  this  State ;  provided,  That  if  theVe  be 
two  or  more  defendants  residing  in  different  counties,  or  if  there  be  other 
cause  which  would  give  jurisdiction  to  the  courts  of  more  than  one  of  said 
counties,  the  plaintiff  or  his  attorney  shall  have  the  right  to  select  the  county 
to  which  he  will  make  the  transfer ;  provided  furthar,  That  in  the  last  named 
case  notice  shall  be  given  to  the  defendants  or  their  attorney  of  record  of  the 
county  to  which  such  transfer  is  made. 

Sec.  3.  That  all  writs  of  error  or  appeals  in  causes  which  may  have  been 
pending  in  the  Supreme  Court  of  the  United  States  from  any  of  the  United 
States  Courts  ill  Texas,  or  which  may  have  been  taken  from  said  courts  in 
Texas  previous  to  the  second  day  of  March,  A.  D.,  1861,  and  were  then  unde- 
termined, have  ceased  to  have  any  force  or  effect  whatever,  and  no  decision 
made  thereon,  after  said  date,  by  said  Supreme  Court  in  any  such  cause,  shall 
be  of  any  effect  or  force,  or  in  any  manner  affect  rights  of  persons  or  property 
in  this  Slate ;  but  the  plaintiffs  in  error  or  appellants,  as  the  case  may  be,  in 
all  such  causes  as  are  not  cognizable  in  the  courts  of  the  Confederate  States 
under  the  provisions  of  the  permanent  Constitution  of  the  Confederate  States, 
shall  have  the  right  to  procure  a  transcript  of  the  record  in  such  cause  from 
the  Court  of  the  Confederate  States  having  the  custody  of  the  records  of  said 
United  States  Courts,  or  from  said  Supreme  Court  of  the  United  States,  or  as 
may  be  agreed  upon  by  both  parties  or  their  counsel,  and  file  the  same  in  the 
proper  branch  of  the  Supreirie  Court  of  this  State,  which  court  shall  have  full 


power  ami  j»ris(li(."ti<'>n,  ami  shall  tliereupoii  proccocl  to  hear  and  dctorinino  the 
same,  and  .shall  certify  their  mandate  to  the  District  Court  of  the  county  into 
which  the  original  cause  and  the  procoedino^.s  therein  niiffht  have  been  trans- 
fered  under  the  provisions  ol' this  act  liad  no  final  judgment  been  rendered 
therein  previous  to  tin!  said  second  day  of  March,  A.  1).,  18(>1  ;  and  such  Dis- 
trict Court  shall  therenjion  proceed  upon  sncli  mandate  the  same  as  though 
such  cause  had  originated  in  said  Court.  And  in  cvervcasc  so  removed  from 
Gaid  United  States  Courts  in  Texas  to  said  8\ipremo  Court  of  tlic  United 
States,  and  which  may  be  remo^■cd  to  the  Siqirenie  Court  of  this  State,  as 
herein  provided,  the  Supreme  Court  of  this  State  shall  proceed  to  hear  and 
determine  such  cause  in  like  manner  as  tlie  saicf  Suin-cme  Court  of  the  United 
States,  acting  under  the  laws  of  said  United  States,  would  have  done  had 
such  cause  remained  in  and  been  determined  by  said  Supreme  Court  of  the 
United  States.  In  every  case  which  may  have  been  finally  determined  in  said 
United  States  Courts  in  Texas  within  five  years  previous  to  the  taking  efl'cct 
of  this  act,  and  which  was  not  removed  from  said  courts  l>y  ajijical  or  writ  of 
error  undiT  the  laws  of  the  United  States  to  the  Supreme  Court  of  the  United 
States,  where  the  amount  of  valr.e  in  controversy  in  the  cause  was  sufficient 
to  give  said  Supreme  Court  jurisdiction  thereof  on  error  or  appeal,  the  parties 
to  such  cause  who  may  be  aggrieved  by  the  decision  tlicrein  may  at  any  time 
within  two  years  after  the  taking  elfect  of  this  act,  remove  the  same  by  writ 
of  error  from  the  District  Court  to  which  it  may  be  transferod  under  the 
provisions  of  the  second  sectinu  of  this  act,  to  the  Supreme  Court  of  this 
State  for  revision  and  determination  ;  such  writ  of  error  to  be  sued  out  and 
removal  made  under  the  provisions  of  the  laws  of  this  State  regulating  like 
proceedings  in  causes  originating  in  the  courts  of  this  State',  and  the  cause 
to  be  acted  iipou  and  determined  by  said  Supreme  Court  under  the  like  rules 
and  regulations  as  in  this  section  is  provided  in  relation  to  causes  removed 
from  said  United  States  Courts  in  Texas  to  the  Supreme  Court  of  the  United 
States  prior  to  said  second  day  of  March,  A.  D.,l)^(il,  and  which  may  be  taken 
to  the  Supreme  Court  of  this  State  as  herein  ])rovided. 

Sec.  4.  All  costs  properly  taxable  undcir  the  laws  of  the  United  States  in 
any  cause  which  may  be  transfered  from  any  of  the  United  States  Courts  to 
any  court  of  this  State  under  the  provisions  of  this  act,  and  which  may  have 
accrued  prior  to  the  taking  etlfect  of  this  act,  shall  be  taxed  in  such  causes 
in  t  he  courts  of  this  State  to  which  they  may  be  transferred,  and  may  be  en- 
forced and  collected  for  the  benefit  of  the  parties  entitled  to  the  same,  in  like 
manner  as  costs  accruing  in  causes  originating  in  tlie  courts  of  this  State. 

Skc.  5.  Tills  act  shall  take  effect  and  be  in  force  from  the  22d  day  of  Feb- 
ruary, 1862. 

Ajtproved  .January  'M,  18fi2. 


CILVPTER   XXIX. 

AN  ACT  to  (hfinr  the  boundarirs  of  Live  Oak  County. 

SkctioN   1.     Be  it  enacted  by  the  l.rgislatitre  of  the  tUate  if  Texas.  That  the 

-lunty  of  lA\e  Oak  shall  hereafter  be  bounded  as  follows,  to  wit:    Begmning 

at  the  West  corner  of   San  Patricio  county,  on   the  Nueces   river,    thence 

with   the  lines  of  San    Patricio,  liee, .Karnes  and    Atascosa   counties,  to  the 

Nortli-east   corner  of    La  Salle  county,   thence   due  South  with  the  line  of 

La  Salle  county,  to  the  Nueces  river,  and  thence  down  said  river  with  its 

meanders  to  the  place  of  beginning. 

Sec.  2.    That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  .January  .1,  18(12. 


CHAPTER  XXX. 
-l.V  ACT  to  define,  the  Imundarics  and  provide  for  the  organiznlion  of  McMtUIrn 
County. 
Section   1.     Ite  it  enarird  hy  the  Legislature  of  the  State  of  Terns.  That  here- 


28 

ai'ter  McMullen  county  shall  be  bounded  as  follows,  to  wit :  Beginning  at  the 
North-east  corner  of  a  survey  in  the  name  of  Viceuta  Lopez  Herrera,  gener- 
ally known  as  the  ^O'Farrall  tract,  on  the  right  margin  of  the  Nueces  river, 
thence  due  West  to  the  intersection  of  the  East  boundary  of  Encinal  coiinty, 
thence  North  with  the  said  line  to  the  Nueces  river,  and  thence  down  said 
river,  with  tlie  meanders  thereof,  to  the  place  of  beginning. 

Sec.  2.  That  the  following  named  persons  be  and  they  are  hereby  appoint- 
ed commissioners  to  organize  said  county  of  McMullen,  and  to  locate  the 
county  seat  thereof,  to  wit :  E.  E.  Curtis,  Putnam  IShipp,  Thomas  A.  Dvvyer, 
C.  C.  Cox  and  John  W.  Pope.  The  commissioners  aforesaid,  or  any  three  or 
more  of  them  shall,  within  thtee  months  ai'ter  the  passage  of  this  act,  lay  off 
the  said  county  of  ilcMuUen  into  suitable  election  precincts,  in  accordance 
with  law,  and  shall,  virithin  the  said  three  months,  order  an  election  for  county 
ofiicers,  to  wit:  a  Chief  Justice,  four  County  Commissioners,  a  County  and 
District  Clerk,  a  Sheritf,  a  Coroner,  a  County  Surveyor,  Assessor  and  Col- 
lector, two  Justices  of  the  Peace  and  a  Constable  in  each  election  precinct; 
which  election  shall  be  advertised  at  three  or  more  public  places,  in  said  coun- 
ty, stating  the  time  and  places,  which  places  shall  be  in  the  ditfereut  precincts 
laid  off  by  the  Commissioners,  as  herein  before  provided,  and  in  accordance 
with  an  act  to  provide  for  organizing  new  counties,  approved  March  80, 1848 ; 
and  any  one  of  the  Commissioners  aforesaid  shall  qualify  the  person  elected 
to  the  office  of  Chief  Justice  of  said  countj^  who,  when  qualified,  shall  qualify 
the  other  officers  elected  for  said  county. 

Sec.  3.  It  shall  be  the  duty  of  said  Commissioners  to  proceed  as  early  as 
practicable  after  laying  off  election  precincts,  to  locate  the  county  seat 
of  said  couuty-j  by  selecting  at  least  three  eligible  sites,  having  due  respect  to 
any  donation  of  land  that  may  be  made  for  that  purpose,  as  well  as  con- 
venience for  wood  and  water ;  and  when  so  selected,  the  Commissioners 
aforesaid  shall  order  an  election,  which  shall  be  conducted  in  all  respects  as 
elections  for  county  officers,  and  if  at  the  first  election  aeither  of  the  locali- 
ties so  selected  shall  receive  a  majority  of  all  the  votes  cast,  the  place  re- 
ceiving the  smallest  number  .shall  be  thrown  out,  and  the  Commissioners  shall 
order  another  election  as  before,  at  which  election  the  place  receiving  a 
majority  of  all  the  votes  cast  shall  be  declared  to  be  the  county  seat  of  Mo^ 
Mullen  county,  and  shall  be  named  "  Svdney." 

Sec.  4.  That  all  free  white  male  citizens  over  the  age  of  twenty-one  yearsi^ 
who  have  resided  twelve  months  within  the  State,  and  sixty  days  within  said 
county  prior  to  said  election,  shall  bo  entitled  to  vote  for  the  location  of  the 
county  seat. 

Sec.  5.  That  in  case  the  site  Avhich  shall  be  declared  to  be  the  county  seal 
of  said  county  shall  be  vacant  and  unappropriated  domain,  then  the  State'' 
hereby  donates  to  tlie  county  of  McMullen  ail  her  right  and  title  to  three  hun- 
dred and  twenty  acres  of  the  same ;  and  the  Commissioner  of  the  General 
Land  Office  is  hereby  authorized  to  issue  a  patent  in  the  name  of  the  said 
county  for  the  said  three  hundred  and  twenty  acres,  upon  a  return  of  the  plat 
and  field  notes  of  the  same,duly  certified,  to  the  General  Land  Office.  And  the 
county  court  of  said  county  shall  have  power  to  purchase,  if  necessary,  land 
not  to  exceed  three  hundred  and  twenty  acres,  for  the  use  of  said  county, 
should  the  site  selected  as  abo^•e  provided  prove  to  be  appropriated  land  ;  and 
the  said  county  coiirt  shall  lay  oft'  the  site  so  selected  into  suitable  lots,  and 
after  selecting  and  setting  apart  such  lots  as  may  be  necessary  for  a  court- 
house, jail,  churches,  school-houses  and  burial  grounds,  they  shall  proceed  to 
sell  the  remainder,  or  such  portions  thereof  as  they  may  deem  necessary,  at 
public  auction,  at  such  time  and  upon  such  terms  as  will  most  conduce  to  the 
interests  of  the  county  ;  and  shall  apply  the  proceeds  thereof  to  the  erection 
of  necessary  public  buildings  tor  the  use  of  said  county. 

Sec.  6.  That  the  district  courts  in  and  for  said  county  .shall  be  held  at  a 
building  known  as  the  Cassa  Blanca  Church,  situated  on  the  Penitas  Creek, 
until  a  suitable  building  shall  be  eret-li-d  for  that  purpose  at  the  county  seat  of 
said  county. 


29 

Sec.  7.  That  the  conntj  of  McMullcn  with  its  boTimlaries,  as  dofincd  hy 
this  act,  be  and  tlie  same  sire  liercby  attached  to  tho  7Gtli  Kepreseiitative  Dis- 
trict, composed  of  the  comities  of  Nueces,  Webb,  Eiicinal  and  Duval,  until 
another  apportionmeut  shall  be  made. 

Sec.  8.  That  all  laws  or  parts  of  laws  conflicting  with  the  provisions  of 
this  act  be  and  the  same  are  hereby  repealed,  and  this  act  take  eftect  and  be  in 
force  from  and  after  its  passage. 

Approved  January  [id,  1862. 

CHAPTER   XXXI. 

AN  ACT,  appropriating;  money  to  defray  all  cjpenscs   mrr.tsnry  to  secure  and 

tranttport  clothiiifj  and  other  contributions  to   Texas  i^otunleers,  and  employ  an 

agent  therefor. 

Section  1.  Be  it  enacted  by  the  Lenislaturc  of  the  State  of  Texas,  That  the 
Governor  be  required  to  employ  some  suitable  jiorson  or  persons  to  secure 
and  transjjort  all  clothing,  or  other  contributions  to  Texas  volunteers,  now  or 
hereafter  detained  on  the  route  of  their  destination,  and  deliver  the  same  to 
the  proper  command. 

Slc.  2.  That  the  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  be  and  is  hereby  appropriated  out  of  any  specie  now  in  the 
Treasury,  belonging  to  the  School  Fund,  to  carry  into  eti'ect  the  jirovisions 
of  this  act  ;  provided,  the  amount  used  shall  be  returned  to  the  School 
Fund  by  the  Treasurer,  from  the  lirst  money  paid  into  the  Treasury  belonging 
to  the  general  revenue  of  the  St^te ;  and  tliat  this  act  be  in  force  from  and 
after  passage. 

Approved,  January  6th,  J8()2. 

CHAPTER  XXX 11. 

AN  ACT  to  provide  for  auditing  and  settling  all  claitns  af^ainst  the  State  on  ac- 
count of  I  otunteer  Companies  called  out  hy  the  Gove)  nor  or  Committee  of  Safety, 
and  for  the  defence  of  t/ic  State,  and  prondiiig  payment  for  the  officers  and  men 
thereof . 

Section  1.  Be  it  enacted  by  the  Legislature  of  thr  State  of  Texas,  That 
the  Comjitroller  of  Public  Accounts  be  and  he  is  hereby  authorized  and  re- 
quired to  audit  and  settle  the  claims  of  the  officers  and  privates  of  all  volun- 
teer ccunjianies  ordered  out  by  the  (iovernor  or  Committee  ot  Safety,  acting 
by  authority  of  the  People's  Convention,  for  and  'during  the  term  of  service 
actually  rendered  the  State  according  to  tlie  rules  and  regulations  of  the  Con- 
fedeiate  States  for  the  go^ernment  of  the  army  thereol,  upon  the  return  of 
the  muster-roll  of  each  company  to  the  Comptroller,  duly  authenticated  ;  and 
also  to  audit  and  allow  all  claims  and  accounts  brought  asainsl  the  State  by  any 
individual  for  (Quartermaster  or  Commissary  supplies,  for  munitions  of  war,  for 
the  construction  ot  fortifications  and  all  defences,  and  moneys  advanced  for  the 
same  ;  and  for  moneys  or  supplies  advanced  for  and  us-ed  by  any  of  said  troops; 
provided  all  such  claims  and  accounts  are  authenticated  and  approved  by  the 
Acting  Quartermaster  or  Commissary  of  the  regiment,  battalion  or  company  ; 
and  in  every  case  where  any  supplies  or  articles  necessary  to  the  efficiency  ol 
the  command  shall  have  been  j)urcliased  by  any  Colonel  or  Lieutenant  Colon*-! 
of  a  rtgiinent,  or  Captain  of  a  company,  and  not  certified  to  by  the  Acting 
Quartermaster  or  Commissary,  said  Colonel  or  Lieut.  Colonel  or  Captain  shall 
certify  under  oath,  that  the  charges  are  just,  and  that  sucl.  articles  were  pur- 
chased at  the  price  mentiimed,  and  were  used  for  the  benefit  of  such  command, 
provided  such  articles  are  eonsistcTit  witii  the  usage  and  regulations  of  the 
«rmy  with  reference  to  the  nature  of  the  service. 

Sec.  2.  In  all  cases  juovided  for  under  tho  first  section  of  this  act,  the 
ConiptroHer  shall  draw  his  warrant  upon  the  Treasurer  in  favor  of  any  party 
whose  claim  or  account  slial!  have  been  so  audited  or  allowed,  provided  in  all 


so 

cases  the  Coiuptroller  shall  have  the  power  to  examine  the  accounts,  and  allow 
only  such  as  are  fnll,y  antheuticated  by  proper  vouchers,  and  to  reduce  ex- 
travagant charges  to  a  reasonable  amount;  provided  that  this  act  shall  not  be 
so  construed  as  to  Mow  the  payment  of  expenses  at  the  camps  of  instruction,  or 
any  troops  not  called  into  actual  service. 

Sec.  S.  That  the  Comptroller  shall  keep  a  separate  i-egister  of  all  claims 
presented  under  this  act,  and  properly  chargeable  to  the  Government  of  the 
Confederate  States,  and  arrange  the  vouchers  and  accounts  as  directed  by  the 
laws  of  said  Government  for  presentation  thereto. 

Sec.  4.  Be  it  further  enacted,  That  the  sum  of  three  hundred  thousand 
dollars,  or  so  much  thereof  as  maj^  be  necessary,  be  and  is  hereby  appropri 
ated  out  of  any  money  in  the  Treasury,  not  otherwise  appropriated,  to  carry 
out  the  provisions  ot  this  act. 

Sec.  5.     That  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 


.'Vpproved  January  4th,  1862. 


CHAPTER  XXXIII. 

AN  .16' 7"  to  mnLe  an  appropriation  for  the  payment  of  Commissioners  sent  by  tHe 
Convention  to  the  Choctaws,  Cherokees  and  other  friendly  tribes  of  Indians,  and 
to  Arizona  and  New  Mexico. 

Section  ] .  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  two  thousand  dollars,  or  as  much  thereof  as  may  be  necessary,  be  and, 
is  hei-eby  appropriated  to  pay  James  E.  Harrison,  James  Bonrland,  Charles 
C.  Hamilton,  P.  T.  Herbert  and  Simeon  Hart,  Commissioners  sent  by  the 
Convention  to  the  Choctaw,  Cherokee,  Creek,  Chickasaw  and  Seminole 
Indians,  and  to  Arizona  and  New  Mexico. 

Sec.  2.  Be  it  further  enacted,  That  the  Commissioners  above  mentioned 
shall  be  entitled  to  receive  five  dollars  per  day,  for  every  day  they  ma^'  have 
been  employed  in  the  performance  of  their  duty,  and  all  extraordinary  expen- 
ses they  may  have  incurred  ;  and  that  the  Comptroller  of  the  State  shall 
draw  his  warrants  in  favor  of  said  persons,  on  the  Treasurer,  and  the  Treasurer- 
shall  pay  the  same. 

Sec.  15.     This  act  take  eiYect  and  be  in  force  from  and  after  its  passage. 

Approved  January  8th,  1862. 


CHAPTER  XXXIV. 

AN  ACT  to  nvthorizc  the   County  Courts  to  make  entry  of  unconditional  hfod- 

rights  tehich  have  been  passed  upon  by  the  Courts,  and  the  clerk  thereof  naving 
failed  to  enter  the  same,  upon  such  proofs  as  the  laws  required  for  their  original 

issuance. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  uf  Texas,  That  from 
and  after  the  passage  of  this  act,  it  shall  be  lawful  for  the  County  Courts,  in 
all  cases  where  the  said  courts  have  heretofore  passed  upon,  and  issued  un- 
conditional headrights,  and  by  the  neglect  of  their  clerk,  or  for  other  cause 
the  same  have  not  been  entered  and  reported  to  the  General  Land  Office,  shall 
now,  have  such  proofs  as  under  the  then  existing  law  would  have  entitled  the 
applicant  to  his  certificate,  and  report  the  same,  if  genuine,  to  the  Land  Office 
for  patent,  })rovided  the  party  applying  has  had  no  lands,  \>y  private  relief  or 
otherwise,  from  the  State  equivalent  to  the  claim  he  may  present,  and  that 
all  applications  shall  be  made  to  the  County  Courts  from  which  the  original 
certificate  issued. 

Sec.  2.     That  this  law  take  effect  from  and  after  its  passage. 

Approved  January  8th,  1862. 


31 

CHAPTER  XXXV. 

AjV  act  to  create  a  HospUat  Fund  to  he  expended  for  the  bcnefl  of  the  sick  and 

wounded  soldiers  of  the  State  of  Tezas,  in  the  Confederate  army. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  Tliat  tbe 
sum  of  one  hundred  and  tifty  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  he  aJid  the  same  is  here))y  appropriated  as  a  Hospilal  Fund, 
which  sum  may  be  drawn  from  the  Treasury  upon  the  warrant  of  the  Comp- 
troller countersigned  by  the  Covornor. 

Sf.c.  2.  The  Governor  may  at  his  discretion  appoint  some  suitable  per- 
son or  persons  as  agent  or  agents,  for  the  distribution  and  application  of  this 
fund  in  such  manner  as  will  best  promote  the  Object  of  this  act;  s-udi  a<i-ent 
or  agents  when  appointed,  before  entering  upon  the  duties  of  his  or  tlieir 
agency,  shall  be  required  to  execute  a  bond,  with  two  or  more  good  and  suffi- 
cient securities,  payable  to  the  i^tate  of  'I'exas,  to  be  approved  by  the  Gov- 
ernor, in  such  amount  as  the  Governor  may  prescribe,  conditioned  that  he  or 
they  will  well  and  faithfully  apply  and  expend  all  money  which  may  come 
into  his  or  their  hands,  for  the  benefit  of  the  sick  and  wounded  soldii-rs  of  the 
State  of  Texas,  in  the  Confederate  Army  ;  which  said  bond  the  Governor 
shall  file  with  the  Comptroller. 

Sec.  3.  There  shall  not  be  placed  in  the  hands  of  said  agent  or  agents, 
at  any  time,  a  greater  sum  than  the  amount  of  the  penalty  in  the  bond  exe- 
cuted by  him  or  them,  and  approved  by  the  (lovernor. 

Sec.  4.  The  agents  ap])ointed  as  atVircsaid  may  receive  a  reasonal)le  com- 
pensation for  their  services,  out  of  the  fund  herein  appropriated,  which  shall 
be  fixed  by  the  Governor,  not  to  exceed  fifty  dollars  per  month,  with  all 
necessary  and  reasonable  expenses  ;  and  they  shall  at  all  times  be  subject  to 
the  direction  and  supervision  of  the  Governor  in  the  discharge  of  their  duties  ; 
provided,  That  the  Governor  is  hereby  authorized  to  .appoint  any  suitable  per- 
son who  may  offer  his  services,  with  no  farther  charge  uiton  the  fund  hereby 
appropriated  than  his  necessary  expenses. 

Sec.  r>.  That  the  agents  appointed  under  the  provisions  of  this  act,  shall 
keep  a  regular  account  of  the  money  received  and  expended  by  them  for  the 
sick  and  wounded,  and  make  monthly  reports  of  the  same,  under  oath,  to 
the  Comptroller  of  the  State,  setting  forth  the  name  of  the  person  relieved, 
bis  place  of  residence  when  at  home,  and  the  company  to  which  he  belongs; 
said  reports  when  approved  by  the  Governor  and  Conij)troller,  shall  be  filed 
in  the  CompU'oUer's  Oflfice,  and  stand  to  the  ci'odit  of  such  person  entitled 
thereto. 

Sec.  ().  The  Governor  m.ay  donate  such  amount  as  may  in  his  ojiinion  be 
just  and  ])roper,  out  of  the  appropriation  provided  for  in  this  act.  to  State  or 
private  hospitals  that  have  heretofore  received  and  treated  Texas  soldiers. 

Skc.  7.  The  Governor  sh.all  have  power  to  dismiss  such  agent  or  agents  at 
his  option,  audit  shall  be  his  duty  to  do  so  whenever  in  his  opinion  their  ser- 
vices are  no  longer  necessary,  or  whenever  he  shall  be  satisfactorilj- informed 
that  such  agent  or  agents  have  been  guilty  of  mistVasance  or  malfeasance  in 
the  discharge  of  their  duties. 

Sec.  !-i.     Th.it  this  .act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  Htli,  Jf^fiy. 

chapter' XXXVJ. 

.^.V  .1('7'  t<f  retrulutt  the  Fees  for  Strimniinii  Cattle  ut  Ferries. 

Section  ].  Be  it  enacted  by  the  I^^h/alnrc  of  (he  State  of  Texas,  That 
the  (.'ounty  Courts  shall  not  authorize  a  ciiarge  of  more  than  one  cent  per 
head  on  cattle  or  horse.",  swimming  rivers  at  licensed  ferries,  including  the 
use  of  pens  and  l)oats  necessary  for  the  control  of  such    stock. 

Sec.  2.  That  all  law.s,  anil  parts  of  laws,  go  far  as  they  contlirt  with  the 
provision.-)  of  this  act,  are  hereby  repealed. 


32 

Sec.  3.     That  this  act  shall  take  effect  and  be  in  force  from  and  after  it« 
passage. 

Approved,  January  9t\x,  1862. 


CHAPTER  XXXVII. 

AN  ACT  supplementcl   to  and   amendatory  of   An   Act  entitled  "An   Act  to 

provide    for  tne   transportation  of  clothes   and  other  contributions  to   the   Texas 

Volunteers  in  the  Confederate  Army,  passed  January  4th,  \862. 

Section  1.     Be  it   enacted  by   the   Legislature   of  the   State   of    Texas,  That 

before  making  any  appointment  under  the  provisions  of  the  act  recited  in  the 

caption,  of  wiiich  this  is  supplemental  and    amendatorj',  it  shall  be  the  duty 

of  the  Governor  to  require  a  bond  of  the  party  so  appointed,  with  good  and 

sufficient  surety,  in  a  sum  at  least  double  the  amount  of  the  funds  entrusted  to 

such  agent,  payable  to  the  State  of  Texas,  conditioned  that  such  agent  shall 

well  and  taithtully  discharge  and  perform  all  the  duties  of  his  agency. 

Sec.  2.  Said  agent  shall  keep  a  record  of  all  moneys  received  by  him,  by 
virtue  of  his  appointment,  shall  keep  a  correct  register  ot  all  goods  and 
packages  by  him  forwarded,  and  all  moneys  paid  out  by  him,  to  whom  said 
moneys  were  paid,  or  for  what  purpose  paid,  as  well  as  make  a  correct  return 
of  all" moneys  not  esptmded,  all  of  which  shall  be  supported  by  proper  vouch- 
ers whenever  practicable. 

Sec.  3.  Each  agent  shall  be  allowed,  for  his  services  while  actually  en- 
gaged in  the  duties  of  his  agency,  the  sum  of  fifty  dollars  per  month,  together 
with  his  traveling  expenses. 

Sec.  4.  That  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  9th,  1862. 

CHAPTER  XXXVIII. 

AJ^~  ACT  to  create  the  County  of  Kendall. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
all  of  territory  comprised  wiihin  the  following  limits  shall  be  created  into 
a  new  county  to  be  called  Kendall.  Beginning  at  the  South-east  corner  of 
Gillespie  county,  thence  West  to  a  point  on  the  South  line  of  said  county, 
from  which  a  line  running  due  South  will  cross  the  Guadalupe  liver  one  mile 
above  the  public  square  of  the  town  of  Comfort,  for  the  North-west  corner  of 
Kendall  county ;  thence  South  about  twenty-five  and  a  half  miles  t6  the 
North-east  boundary  line  of  Bandera  county  ;  thence  with  said  boundary  line 
to  the  head  of  Balcone's  creek,  wliere  the  West  boundary  line  of  survey  No. 
408,  in  the  name  of  A.  Gayton  crosses  the  same  ;  thence  down  with  the  mean- 
ders c.f  Balcone's  creek  to  its  muuth;  thence  in  a  direct  course,  with  the 
North-west  boundary  line  of  Comal  county  to  the  mouth  of  Curry's  creek,  be- 
ing about  fourteen  miles,  45°  East;  thence  with  the  next  course  of  the  North- 
west line  of  Comal  county,  five  miles;  tlience  in  a  direct  course  about  twenty 
miles  North,  27^^  West,  to  the  place  of  beginning. 

Skc.  2.  That  Adam  Vogt  be,  and  is  Uereby  appointed  a  Commissioner  to 
organize  said  new  county  of  Kendall,  and  it  is  hereby  made  his  duty  to  do 
the  same  by  ordering  an  election  for  county  officers,  according  to  the  general 
laws  regulating  elections;  said  election  to  be  held  on  a  day  by  him  to  be 
named,  and  due  notice  of  the  .same  to  be  given  in  accordance  with  the  laws 
regulating  elections  ;  the  said  election  to  be  held  at  a  point,  or  points  within 
the  limits  of  said  county,  to  be  by  the  said  Vogt  named  and  duly  published  in 
said  county  ;  and  when  the  returns  of  said  election  shall  have  b>3en  made  to 
the  said  Vogt,  he  shall  issue  certificates  of  election  to  the  persons  elected,  and 
shall  admiuister  the  oath  of  office  to  them  in  due  form  ;  provided  that  in  case 
of  the  failure  to  act  of  said  Vogt,  it  shall  be  the  duty  of  the  Chief  Justice  of 
Blanco  county  to  perform  the  duties  herein  required  of  him. 


3;{ 

Sec.  4.  Tliat  so  soou  as  tlm  said  county  of  Kendall  has  bo.ui  oro-anized  as 
aforesaid,  and  tho  officers  of  the  same  qualified  accordin<?  to  law— tliey  shall 
enter  upon  the  diMcharfre  of  thcnr  respective  offiees,  and  all  courts  in  and  for 
said  county  shall  be  held  ut  Boerne,  until  the  county  seat  of  said  county  shall 
be  jicrnianently  located  as  hereinafter  ])rovidcd. 

Sec.  4.  That  it  shall  be  the  duty  of  the  eountv  court  of  Kendall  county  to  .sel- 
ect two  or  more  sites  nearest  the  centre  of  said  new  coiuitv  haviiiix  respect  for  any 
donations  o(  land  that  may  be  made  for  tliat  purjiosc,  as  well  as  convenience 
of  water,  and  wlieu  so  selected  the  Chief  Justice  of  said  county  shall  order  an' 
«lection.  to  fix  said  county  seat,  which  shall  be  conducted  according-  to  the 
p:eneral  laws  respectinp,-  elections  for  county  officers  ;  and  if  at  the  ft^rst  elec- 
tion neither  of  the  sites  so  selected,  shall  receive  a  majority  of  all  the  votes 
cast,  then  the  Chief  Justice  shall  order  another  election' to  be  held  for  the  two 
site."?  receiving:  ♦^''p  hi£::hest  number  of  votes,  ;ind  the  site  receiving-  a  mnjoiity 
of  all  the  votes  cast  at  any  such  election,  shall  be  declared  the*c.ouuty  seat 
and  the  County  Court  shall  desipcnate  the  name  of  the  same.  J  ■    '  » 

Sec.  ."i.  The  County  Court  of  Kendall  county  mav  purchase,  if  necessary 
or  receive  by  donation,  lands  not  exceeding-  three  hundred  and  twenty  acre.s 
for  the  use  of  the  county,  and  lay  otl"  the  site  so  selected  into  suitable  lots'  and 
after  selectiiifi:  and  settiufr  apart  such  suitable  lots  as  m;iy  be  necessary"  for  a 
Court-hon.sc,  jail,  clerks'  otlices,  school-hous(>s,  and  burvin<;  s-munds.  they 
•shall  ]>roceed  to  sell  the  remainder  or  such  portiiui  thereof  as"  tl'iey  mav  deem 
■necessary,  at  public  auction,  at  such  time  and  upon  such  terms  as  wi'n  most 
conduce  to  the  interests  of  the  county.  And  shall  apply  the  proceeds  thereof 
to  the  erf  etion  of  necessary  i>ublic  building-s  for  the  use  of  the  county. 

Sec.  6.     'iliat  the   Commissioner  above'  named   sluUl  he  entitled  to  three 
'^^Ufxrs  ppr  flinn  for  every  day  that  he   is  necessarily  employed  or  detained   in 
linfT  .said  elections  and  organizing:  said  eountv  of  Kendall. 
■'■C.  7.     That  this  act  take  effect  from  and  after  its  j.ass.-io-,' 

Approved  January  Kith.   18()2. 

I  CHAPTER  XXXIX. 

-lA"  ACT  tocliange  the  houndary  lines  of  Blanco  and  Kerr  cuiuUies. 
SECTION  1.     Be  it  enacted  bj/  the  Le{rislatnrc  of  the  State  of  Texas,  That 
.the  boundary  lines  of  Hlanco  cmiiitv,  shall  herpafter  be  as  folhnvs  • 

Beo^irinin.o:  nt  the  South-east  corlier  of  GiUespie  county,  thence  South  2/0 
East  to  IheWest  line  of  Comal  county;  thence  foUowiii;;  the  West  line  of 
:Comal  county  to  the  South  line  of  Hays  county:  thence  in  a  direct  course 
■across  tlic  1  (■rdinalles  to  the  South-west  corner  of  Travis  county  :  thence  fol- 
lowing th(;  \\est  hiioof  Travis  to  the  South  East  corner  of  iJiIrnett  county 
thence  with  the  South  boundary  line  of  Burnett  county  to  the  South-east  cor- 
ner ot  Llano  county;  thence  with  the  South  boundar'y  line  of  Llano  county 
to  the  A ortlM;ast  corner  ot  (iillespic  county  ;  thence  with  the  East  boundary 
Inieot  (iillespie  county,  to  the  place  of  beg-inniufr. 

'  i-.r.  2.     That  the  boundary  lines  of  Kerr  county  shall  hereafter  be  as  fol- 

Beginning  at  a  point  on  the  South  line  of  (Jillespie  eountv  from  which  a 
line  run niuf,-  due  South  will  cross  the  Guadalupe  river  one"inilo  above  the 
public  square  of  the  town  of  Comfort:  thence  South  to  the  North  boundary 
line  ot  Baud<>ra  county;  thence  with  the  North  boundary  line  of  Bandera 
county,  in  a  direct  line  to  the  South-west  corner  of  Surv.^y  No,  Hs,  in  the 
name  of  T.  E.  Bettner  ;  thence,  in  the  .same  course  four  mil.-s  ;'  thence  West 
to  the  North  c.uiier  of  Survey  No.  I.",?,  in  the  name  of  J.  R.  Bonles  on  th.- 
toeadot  A\allac<- Creek;  thence  due  West  to  the  North-west  corner  of  Ban- 
dera county  ;  thence  North  twenty-six  miles  to  tlie  Soutli  boundary  line  of 
Kimble  county  ;  thence  East  about  twenty-nine  miles  to  the  South-east  cor- 
ner of  Kimble  county  :  thence  with  the  West  line  of  Gillespie  county  to  its 
feonth-west  corner  :  thence  K.isf  with  the  South  line  of  Cillespi.- county  to 
the  place  of  bcpinning. 

C 


34 


Sec.  3.     That  all  laws  and  parts  of  laws,  conflicting  with  the  provisions  of 
this  act,  be,  and  the  same  are  hereby  repealed,  and  that  this  act  take  eJBfect 


from  and  after  its  passage 
Approved   January  10th,  1862 


CHAPTER  XL. 

AN  ACT  to  repeal  "  ^n  Act  authorizing  unpaid  Warrants  to  hear  interest,  ap- 
proved February  lAtk,  1860,"  and  otherwise  to  regidate  the  issuance  of  Treasury 
Warrants. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
"  an  act  authorizing  unpaid  warrants  to  bear  interest,"  approved  February 
14th,  1860,  is  hereby  repealed,  but  without  prejudice  to  the  vested  rights  of 
owners  of  such  warrants,  which  shall  be  as  available  as  if  said  act  were  not 
repealed. 

Sec.  2.  The  Comptroller  on  presentation  of  any  warrant,  bearing  in- 
terest, as  well  as  on  presentation  of  any  other  legal  claim,  for  which  an  ap- 
propriation shall  have  been  made,  shall  draw  on  the  Treasury  as  heretofore 
prescribed  by  law,  and  payment  shall  be  made  thereon,  if  there  be  money 
therefor  in  the  Treasury ;  but,  if  not,  the  Comptroller  shall  issue  one  or  more 
warrants  for  the  amount,  that  may  be  due,  payable  to  the  party  entitled  to 
payment  or  bearer ;  and  said  wan-ants  shall  be  of  such  proportions  of  the 
claim  as  may  be  expressly  required  by  the  holder,  provided  not  more  than  one 
tenth  of  the  whole  amount  may  be  issued  in  warrants  for  one  dollar  each,  and 
the  balance  in  warrants  for  five  dollars  or  more  each ;  and  said  warrants  shall 
be  endorsed  by  the  Treasurer ;  and  every  interest  warrant,  thus  superseded, 
shall  be  canceled  by  the  Comptroller. 

Skc.  3.     The  warrants,  issued  in  pursuance  of  this  act,  on  presentation  at 
the  Treasury,  shall  be  paid  out  of  any  money  therein  not  otherwise  appropri-- 
ated,  and  when  paid  shall  be  canceled,  and  shall  not  be  re-issued. 
Sec.  4.     This  act  shall  be  in  force  from  its  passage. 
Approved,  January  10th,  1862. 

CHAPTER  XLI. 

AN  ACT  to  provide  for  the  sale  and  settlement  of  the  vacant  and  unappropriated'] 
alternate  sections  of  Land  in  Fisher  and  Miller's  Colony. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texasy  That 
all  heads  of  families  who  are  settled  upon,  or  who  may  hereafter  settle  upon 
any  of  the  vacant  and  unappropriated  alternate  sections  of  land  within  the 
limits  of  Fisher  and  Miller's  colony,  that  are  now  reserved  by  the  colony  con- 
tract for  the  use  and  benefit  of  the  Stat^,  shall  have  the  privilege  of  purchas- 
ing one  hundred  and  sixty,  three  hundred  and  twenty,  or  six  hundred  and  forty  ; 
acres  of  land  in  preference  to  all  other  claims,  at  fifty  cents  per  acre,  as  here- 
inafter provided. 

Sec.  2.     The  land  to  be  secured  under  the  provisions  of  this  act,  shall  be  ■ 
taken  as  the  section  was  originally  surveyed,  or  one-half  of  the  section  divided 
by  a  division  line  running  through  the  centre  of  the  section,  or  one  hundred' 
and  sixty  acres  to  be  surveyed  in  a  square,  and  to  be  taken  out  of  one  corner 
of  the  section. 

Sec.  3.     Any  one  desirous  to  obtain  the  benefits  of  this  act,  shall  within 
six  months  after  the  passage  of  thi.s  act,  or  within  three  mouths  after  his  or  her 
settlement,  file  witli  tlie  District  Surveyor,  his  or  her  affidavit,  and  that  of  two 
credible  witnesses,  made   before  any   officer   authorized  to  administer  oaths, 
in  the  Laud  District  in  which  the  land  is  situated,  that  he  or  she  is  bona  fide- 
settled,  and  making  improvements  upon   vacant  public  domain,  the  sale  ofjr 
which  is  contemplated  in  the  first  section  of  this  act,  and  that  he  or  she  has! 
not  previously  taken  or  filed  a  claim  under  this  act,  and  shall  at  the  same  time" 
file  with  said  surveyor,  a  designation  of  the  land  sought  to  be  secured;  and: 


35 

said  settler  sball  within  twelve  mouths,  have  said  land  surveyed,  and  his  or 
lier  field  notes  returned  to  the  General  Land  Office,  and  shall  lie  required  to 
pay  taxes  on  the  same  from  the  date  of  his  or  her  settlement,  and  the  uioney 
paid  to  the  Commissioner  of  the  General  Land  Office  \vithin  three  years  from 
the  date  of  his  or  her  file,  or  the  preference  herein  provided  sliall  cease,  and  no 
claim  under  this  act  shall  be  transferable  or  assignable  until  the  rit^hts  to  the 
land  shall  be  perfected. 

Sec.  4.  When  all  the  provisions  of  this  act  shall  have  been  con)plied  witli, 
the  Commissioner  of  the  General  Land  Offict>  shall  issue  to  the  jierson  entitled 
to  receive  the  same,  a  patent  for  the  laud  which  he  or  she  shall  have  secured 
under  the  provisions  of  this  act. 

Sec.  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Ap])rovcd,  January  10th,  1862. 

CHAPTER  XLIL 

AN  ACT  supplemental  to  An  Act  suspending  all  lairs  for  the  collection  of  debtif 
and  liabilities  on  bonds,  promLssory  notes,  bills  of  exchange,  and  contracts  for  the 
payment  of  money,  until  the  Ist  day  of  January,  18fi4,  or  until  sir  months  after 
the  close  of  the  present  tear,  should  it  terminate  before  the  date  named,  or  untit 
othertcise  provided  by  law,  approved  1th  December,  18GL 

Section  \.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
first  section  of  the  above  recited  act,  shall  not  be  so  construed,  as  to  except 
debts  due  from  citizens  of  this  State,  to  alien  enemies,  which  may  be  se(}ues- 
tered  to  the  Confederate  States,  uuder  the  act  of  sequestration  of  the  Congress 
of  the  Confederate  States. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  fore*,  from  and  after  its 
passage. 

Approved,  Januajy  10th,   1862. 

CHAPTER  XLIII. 

AN  ACT  to  amend  the  frst  section  of  An  Act,  entitled.  An  Act  to  authorize  the 
withdrawal  from  the  General  Land  Office  tf  deeds  issued  on  paper  of  the  Second 
Seal,  of  February  \lth,  1^50. 

j  Section  1.  Be  it  enacted  by  the.  Legislature  of  the  State  of  Texas,  That  the 
Ifirst  section  of  the  above  recited  act  is  hereby  amended,  so  that  the  same  shall 
hereaft*;r  read  as  follows,  viz:  "'J'he  owners  of  deeds  issued  on  paper  of  the 
lecond  or  third  seal,  and  other  evidences  of  title  to  land  in  this  State,  which 
where  granted,  issued,  or  made  jnior  to  the  second  day  of  March,  A.  1).  18.'JG> 
and  which  have  been  filed  or  deposited  in  the  General  Laud  Office,  and  are  not 
jrigiual  documents  in,  or  archives  of  said  office,  uuder  the  provisions  of  cx- 
.stiug  laws,  are  hereby  authorized  to  withdraw  such  deeds  and  other  evidences 
)f  title  from  said  office,  on  leaving  a  receipt  therefor,  naming  the  original  gran- 
ice  of  the  land,  and  thi^  quantity  thereof,  together  with  its  location,  to  which 

uch  deed  or  other  evidence  of  title  relates,  and  the  date  of  such  paper.     And 

his  act  shall  bo  in  force  from  and  after  its  passage. 
Approved,  January  1 1th,  18G"J. 


CHAl'TEK  XLIA^ 

1^  ACT  for  the  relief  of  pre-emption  -vcttlers,  and  to  extend  the  time  for  the  re- 
turn of  field  notes,  and  to  extend  the  time  for  the  payment  of  all  dues  by  settlers, 
under' the  acts  authorizing  the  sale  of  the  public  domain. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  all 
Htlers  inider  the  various  pn'-emptlon  laws,  shall  liave  until  January,  li^OI,  to 
Jturu  their  field  notes,  and  |)av  tiie  dues  thereon. 

Sec.  2.     That  all  those  wlio  have  settled  under  the  acts  to  .-nthorizc  the 


sale  of  tlic  public  domaiu,  aud  all  persons  who  may  settle  under  said  laws, 
■within  twelve  months  from  the  passage  of  this  act,  shall  have  four  years  from 
the  date  of  the  passage  of  this  act  to  pay  the  amount  prescribed  by  said  laws. 

SEd.  3.     That  this  act  take  effect,  and  be  in  force  from  and  after  its  passage. 

Ap])roved,  January  lUh,  1862. 

OlIArTER  XL-V. 
AN  JiCr  supplcmrntal  to  .In  Act,  to  amend  the  Act  siipplementdl  to  an  Act  to  reg- 
ulate Estrays,  approved  April  (^th,  1831,  ^ 
Section  1.  Be  it  enacted  hii  the  Legislature  of  the  State  of  Texas,  That  the 
several  counties  of  the  Slate  shall  be  numbered  as  follows,  to-wit :  Cameron, 
No  1-  Hidalgo  2;  Starr  3 ;  Zapata  4  ;  Eucinal  5;  Duval  6  ;  Nueces?;  San 
Patricio  8;  Live  Oak  9;  McMullen  10;  Atascosa  11;  Frio  12;  Medina  13; 
Bexar  14;  Wilson  15:  Karnes  16;  Goliad  17;  Bee  18;  Refugio  19;  Calhoun 
20;  Victoria  21;  Jackson  22;  Matagorda  23;  Wharton  24;  Colorado  25;  L^ 
vaca  26  ;  DeWitt  27  ;  Gonzales  28 ;  Guadalupe  29  ;  Comal  30 ;  Blanco  31 
Gillespie  32;  Llano  33;  Burnet  34;  Travis  35;  Hays  36;  Caldwell  37;  Bas 
'trop  38;  Fayette  39 ;  Harris  40;  Galveston  41:  Brazoria  42;  Fort  Bend  43; 
Austin  44;  Washiiio-ton  45;  Grimes  46;  Brazos  47;  Robertson  48;  Leon  49; 
Limestone  50;  Freestone  51 ;  Navarro  52;  Ellis  53;  Dallas  54;  Collin  55; 
Grayson  56;  Cook  57;  Denton  58.;  Tarrant  59;  Johnson  60;  HiU  61 ;  McLcn. 
nan  62;  Falls  63;  Milam  64;  Burleson  65;  Bell  66;  Gorryell  67 ;  Bosque  68 
Erath  69;  Parker  70 ;  Wise  71 ;  Montague  72;  Clay  73 ;  Jack  74;  Palo  Pintc 
75;  Comanche  76;  Hamilton  77;  Lampasas  78;  San  Saba  79;  Brown  «0; 
Eastland  81;  Stephens  82;  Young  33;  Archer  84  ;  Mason  85;  Kerr  86;  Ban 
dera87;  Uvalde  88;  Zavala89;  Dimmit  90;  La  Salle  91  ;  Webb  92;  Fannn: 
93;  Hunt  94;  Kaufman  95;  Henderson  96;  Anderson  97 ;  Houstou  98 ;  Mad 
ison  99;  Walker  100;  Montgomery  101;  Chambers  102;  Liberty  103;  Poll 
104;  Trinitv  105;  Angelina  106;  Cherokee  1G7 ;  Smith  108;  Wood  lf.9;  Hop 
kins  110;  Lamar  111;  Red  River  112;  Titus  113;  Upshur  114  ;  Rusk  115 
Nacogdoches  116;  San  Aug'istine  117;  Tyler  118;  Hardin  119;  Jefferson  120 
Orano-e  121;  Newton  122;  Jasper  123;  Sabine  124;  Shelby  125;  Panola  12b 
Harrison  127;  Marion  128;  Davis  129;  Bowie  130;  Maverick  131;  Kinue; 
132:  Dawson  133;  Edwards  134  ;  Kimball  135;  Menard  136  ;  McCulloCj 
137;  Concho  138;  Coleman  139;  Runnels  140;  Call.-.han  HI;  Taylor  1421 
Shackelford  143;  Jones  144;  Throckmorton  145;  Haskill  146;  Knox  1471 
Baylor  148;  Wichita  149;  Wilbarger  150  ;  Hardeman  151 ;  Greer  152;  Pres 
dio'l53;  ElPaso  154;  Van  Zaudt'l55. 

Sec.  2.  The  number  of  the  county  shall  be  a  brand,  to  be  called  the  count 
brand— Avhich  every  citizen  may  make  and  use,  or  not,  as  he  pleases,  on  his  c 
her  stock,  after  making  application  to  the  County  Clerk— and  having  his  nam 
entered  in  a  book,  to  be  kept  by  such  clerk  for  that  purpose,  for  which  he  sha 
pay  said  clerk  one  dime.  •      i       c  a 

Sec.  3.  Any  person  using  the  county  brand  shall  brand  all  animals,  ot  tt 
horse  kind,  on  the  neck,  and  all  cattle  kind,  also  on  the  neck  ;  this  brand  is  ii 
dependent  of,  and  not  intended  to  interfere  with  the  private  brand  of  such  persoi 
Sec.  4.  The  County  Clerks  of  the  several  counties  of  tbis  State,  upon  tl 
reception  of  the  affidavit  appraisement,  description,  and  bond  required  to  be  r 
turned  to  them,  when  an  animal  is  posted  and  estrayed,  shall  note  the  coum 
brand  if  any,  and  all  other  brands  on  it,  with  a  correct  description  of  such  ai 
mal  also;  and  send  the  said  description,  including  private  brand,  to  the  Couni 
Clerk  of  the  county  claiming  the  corrnty  brand,  and  when  the  last  named  cle;, 
receives  the  letter  above  mentioned,  he  .shall  file  the  same  in  his  office,  as  a  f 
per  belonging  to  the  Estray  Department;  and  if  he  know^s  the  person  claimii 
the  private  brand,  he  shall  give  him  notice  of  the  letter  in  his  office,  and  shs 
immediately  answer  the  letter,  and  notify  the  first  clerk  of  the  date  ot  its  rece 
tion,  and  no  animal  shall  be  sold,  as  a  stray,  unless  an  answer  has  been  receiv 
from  the  clerk  of  the  county  claiming  the  brand, 'stating  his  inability  to  aw?^ 


tail!  the  owiuM'ship  ot"  the  aiiini:il.  Tin-  dorks  shall  writf  ovit  ibiMr  oftii-ial  sig 
natures,  aud  stun  p  tlii>  county  seal  upon  cai-Li  l(>tt<'r  writtou  in  the  prncoss  of 
Estiayiue^,  aud  shall  rt'ccive  tifly  t'cuts  lur  each  kitrr  thus  written  ;  the  clerk 
writintj  the  first  letter  shall  receive,  cue  dollar  from  the  person  strayinj;-  the  ani- 
mal, hair  of  it  for  hiui-cU"  aud  half  to  be  remitted  to  the  clerk  addrespi-d,  all 
cost  to  ]><-■  paid  out  of  tho  sAle  money  of  the  animal  sold,  or  by  the  owner  when 
he  lu'ovi's  his  property. 

SlX".  5.  Tiie  taker  up  of  any  estray  animal,  and  the  appraisers  railed  in  to 
describe  and  appraise  the  same,  under  the  law  shall,  in  addition  to  the  oath  now 
required  ef  them,  under  the  Estray  Laws  of  this  State,  make  oath  that  they 
carefully  examined  such  animal,  on  the  neck,  for  a  county  brand,' and  if  any 
such  be"  found,  due  n^tunr  make  of  the  same  under  oath,  in  their  appraisement 
and  description  of  the  animal,  as  provided  by  laws  heretofore  enacted. 
"    Skc.  0.     This  act  take  effect,  and  bo  in  force  from  and  after  its  passage. 

Approved,  .January  11th.  }P[V>. 

CHAFJ'ER    XLVI. 

AX  ACT  for  the  relief  of  cirtain  Railroad  Companies  of  (he  Stole  of  Texns. 

Skction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Tcxus,  That 
the  payment  of  all  interest,  aiul  the  two  i)cr  cent.  Sinking  Fund,  due  and  to 
hecome  due  on  the  bonds  issued  by  the.  several  Kallroad  comi)anies  of  the 
State  of  Texas,  for  loans  from  the  special  School  Fund,  be  and  the  same  is 
hereby  extended  until  the  1st  day  of  January,  1864,  or  until  si.\  month.s  after 
the  termination  ot  the  )n-esent  war  between  tlie  Confederate  States  and  the 
United  States  of  America,  should  it  terminate  before  the  time  above-named. 

Sec.  2.  That  this  act  shall  in  no  wise  impair  the  prior  lieu  which  the 
State  now  holds  upon  any  Kailroad  for  the  payment  of  tiie  loans  and  interest 
now  due  or  to  become  due  by  such  roads  to  the  State. 

Sec,  '^.     That  this  act  take  effect  and  bo  in  force  from  and  after  its  pa.ssagc. 

Approvc<l,  .January  11,  1862. 

CHAPTER  XLVII. 
AN  ACT  to  prescribe  what  kinds  of  funds  may  be  received  for  crrtfiin  public 

dues. 

Section  1.  Be  it  enacted  by  the  Legislature  of  thf  Stale  of  Terns,  That  all 
specific  taxes  for  the  objects  of  paying  interest  and  principal  of  loaus  shall  be 
collected  in  specie  currency. 

Sec.  2.  Treasury  warrants,  not  bearing  interest,  (in  addition  to  the  pro- 
vision heretofore  made  for  their  reception  in  payment  for  lands,  including 
certificates  therefor,)  shall  be  receivable  as  money  in  the  paynu'Ut  of  office 
fees,  including  fees  for  patents  and  land  dues,  payable  in  tlu>.  General  Land 
Oflfice,  taxes,  and  all  other  dues  to  be  collected  for  the  State,  or  in  its  name, 
except  specific  taxes  for  the  objects  of  paying  interest  and  ])rincipal  of  loans, 
and  except  dues  of  Sinking  Fund  and  interest  on  School  Funds  loaned  to 
railroad  companies. 

Skc.  3.  Treasury  notes  aud  coupons,  issued  by  the  Confederate  States  of 
-Vriierica,  shall  be  receivable  as  money  for  indebtediiess  to  ilie  State;  for  lands 
under  the  pre-emption  laws,  and  the  laws  authorizing  sale  of  the  University 
lands,  and  the  laws  providing  for  sale  of  the  public  domain,  in  general,  in- 
cluding certificates  therefor;  for  ofiiii-  fees,  including  fees  for  patents  and 
land  du(-s,  payable  in  the  (ienerai  Laird  Office,  taxes,  ami  all  other  dues  to  bo 
wllected  for  the  St.-vte,  or  in  its  name,  cxeei)t  sjiecific  taxes  for  the  objects  of 
paying  ijitercst  and  principal  of  loans,  and  except  diies  of  Sinking  l''und,and 
Utorest  on  School  Funds  loaned  to  railroad  companies;  and  sliall  be  re- 
Seivahle  for  taxes  to  be  collected  for  the  ordinary  revenues  of  counties,  with 
>ut  aftecting  their  special  taxes. 

Sec.  4.     This  act  shall  be  in  force  from  au>l  after  its  passage. 

Approved  January  llfh.  IHp-J. 


38 

CHAPTER  XLVIII. 
AX  ACT  concerning  the  disposal  of  certain  funds  therein  described. 

Section  1  Be  it  enacted  hij  the  Lesislature  of  the  State  of  Texas,  That  the 
Treasurer  anil  every  other  officer  of  fhe  State,  and  every  officer  of  counties, 
who  according  to  law,  shall  have  received,  as  public  money.  Treasury  waiTants 
of  this  State  or  Treasury  notes  of  the  Confederate  States  of  America,  or  its 
coupons  shall  disburse  or  transfer  the  same,  as  money,  at  par,  according  to 
the  laws  providing  for  disbursmcnt  or  transfer  of  money,  m  the  respective 
cases  if  the  person  or  persons  entitled  to  have  a  disbursement  or  transfer  ■will 
receive  such  warrants,  notes  and  coupons,  as  money :  and  officers  who  may  be 
Authorized  to  receive  public  money,  are  authorized  and  directed  to  receive 
such  warrants,  notes,  and  coupons,  as  money,  except  when  expressly  prohibit- 
od  bv  some  other  law ;  and  any  officer,  in  making  such  disbursement  or  trans- 
fer may  adjust  the  balance  by  receiving  a  fractional  part  of  the  amount  of  any 
such  warrant,  note,  or  coupon,  in  any  of  such  funds  or  specie  currency,  in 
whole  or  part,  to  be  held  and  applied  as  that  for  which  it  was  received,  ex- 
cept that  Treasury  warrants  of  the  State,  received  by  the  Treasurer  thereof, 
shall  not  bo  re-issued.  Every  public  receiver  of  such  warrants,  notes  and 
coupons,  on  reception  thereof,  in  each  case,  shall  give  a  receipt,  officially  sub- 
scribed, specifving  the  kind  and  amount  respectively,  of  the  funds  received  ; 
and  shall  keep'a  corresponding  account  showing  the  several  kinds  and  amounts 
received,  and  from  whom  ;  and  shall  be  accountable  in  kind,  with  the  qualih- 
cation  aforesaid,  for  whatever  he  may  have  thus  received,  or,  in  default  thereof, 
for  the  same  amount  of  specie  currency.  Any  such  receiver,  in  failing  U> 
comply  witli  any  of  the  toregoing  requisitions,  shall  be  guilty  of  a  misde- 
meanor ;  and,  on  conviction  thereof,  he  shall  be  punished  by  fine  not  exceed- 
ing one  thousa'id  dollars,  or  by  imprisonment  not  exceeding  one  month,  or  by 
boUi  fine  and  imprisonment,  as  aforesaid,  and  be  removed  from  office  by  judg- 
ment of  the  court  trying  the  case. 

Sec.  2.     This  act  shall  be  in  force  from  its  passage. 

Approved  January  11th,  1862. 

CHAPTER  XLIX. 
AN  ACT  to  amend  article  721  of  the  Code  of  Criminal  Procedure. 

Sf.CTION  ].  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That; 
article  721  of  the  Code  of  Criminal  Procedure  be  so  amended  as  hereafter  to 
read  as  follows,  to  wit: 

When  the  defendant  appeals  in  any  case  of  felony,  he  shall  be  committed 
to  jail  until  the  decision  of  the  Supreme  Court  can  be  made;  and  if  the  jail 
of  the  county  is  unsafe,  or  there  be  no  jail,  the  Judge  of  the  District  Court 
may,  either  in  term  time  or  in  vacation,  order  the  prisoner  to  be  committed  to 
the  jail  of  the  nearest  county  in  his  district  which  is  safe ;  and  such  appeal 
may  be  prosecuted  immediately  to  the  term  of  the  Supreme  Court,  pending  at  the 
time  the  same  is  taken,  or  to  the  first  terra  thereafter,  without  regard  to  the  law- 
governing  appeals  in  other  cases;  the  transcripts  of  records  of  such  appeals 
may  be  tiled  in  the  Supreme  Court  for  trial  before  the  adjournment  of  the 
term  of  the  District  Court  at  which  the  case  is  determined,  should  the  defend- 
ant so  desire. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  Januaiy  11th,  1862. 

/ 
CHAPTER  L. 
AJV  ACT  supplementary  to  an  act  to  create  a  Hospital  Fund,  to  he  expended  for 

the  benefit  oj  the  sick  and  loounded  soldiers  of  the  State  of  Texas  in  the  Confed- 
erate army. 

Section  1 .     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 


39 

part  of  the,  appropriation  mailo  by  the  above,  recited  act,  to  which  this  is  a 
supplement,  may,  by  the  direction  of  the  (iovernor.  be  drawn  from  the 
Treasury,  by  warrants  of  the  Comptroller  of  the  denomination  of  one  dollar 
or  more,  as  the  Governor  shall  direct,  any  law  to  the  contrary  notwithstanding. 

Sec.  2.  That  fifteen  thousand  dollars  in  specie  of  the  special  School  Fund, 
in  the  Treasury,  is  hereby  appropriated  to  be  used  as  a  part  of  the  i'und  ap- 
propriated by  the  said  act,  to  which  this  is  a  supjilement;  and  the  funds  so  drawn 
from  said  special  School  Fund  shall  be  re-iinbursed  to  said  Fund  by  the 
Treasurer,  out  of  the  first  specie  that  shall  come  into  the  Treasury  not  other- 
wise appropriated ;  provided,  that  no  part  of  the  one-tenth  of  the  annual 
revenue  of  the  State,  derivable  from  taxation  set  apart  by  the  Constit>ition  for 
school  pur]Hises,  shall  be  apjiropriated  under  this  act;  and  provided  further, 
that  should  any  of  the  countit-s  ajiply  for  their  distributive  share  of  the  School 
Fund  it  shall  lie  the  duty  of  the  Comptroller  to  draw  his  warrant  or  warrants 
on  the  Treasurer  for  the  amount  due  such  county  from  the  fund  appropriated 
by  this  act. 

Skc.  3.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  January  13th,  1862. 

CHAPTER  LI. 

AN  ACT  to  define  and  punish  Sedition,  and  to  prevent  the  dantrcrs  irhirh  may 

arise  from  persons  disaffceted  to  the  State. 

Section  1.  Be  ii  enaetcd  by  the  Legislature  of  the  State  of  Texas,  That  if 
any  person  within  this  State  shall  maliciously  and  advisedly  discourage  the 
people  from  enlisting  into  the  service  of  this  State  or  Confederate  States,  or 
dispose  the  people  to  favor  the  enemy,  every  such  person  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and  on  conviction  thereof,  shall  bo  jmnished  by 
imprisonment  in  (he  P(>nitentiary  for  a  term  not  less  than  three  nor  more  than 
five  years,  at  the  discretion  of  the  jury. 

Approved  January  13th,  1862. 

Cn AFTER  LII. 

AN  ACT  to  authorize  the  Confederate  States  of  Ameriea  to  become  a  party  to 

any  suit  now  pending  in  any  of  the  Courts  of  this  State,  in  the  place  and  stead 

of  parties  to  such  suits  trho  arc  alien  enemies. 

SectiCX  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Confederate  States  of  America  may  be  made  a  part}'  to  any  suit  now  pending 
in  any  of  the  Courts  of  the  State,  in  the  place  and  stead  of  parties  to  such 
suits  who  are  alien  enemies,  upon  motion  made  in  writing  by  any 
attorney  representing  said  parties,  or  who  may  be  authorized  to  represent  the 
Confederate  States  ;  provided,  that  the  suits  now  under  the  control  of  resident 
attorneys  shall  not  be  taken  from  their  control  without  full  payment  of  their 
fees. 

Sec.  2.  That  no  such  suit  now  pending  shall  abate  by  reason  of  .such  alienage, 
but  the  same  sliall  proceed  to  trial  and  judgment,  in  the  name  of  the  Confed- 
erate States  of  America ;  provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  repeal  or  affect  an  act  passed  at  this  session  of  the  Legislature 
entitled,  "An  Act  suspending  all  laws  for  the  collection  of  debts,  and  liabililies 
on  bonds,  promisory  notes,  bills  of  "Exchange  and  contracts  for  th(^  payment  of 
money,  until  the  first  day  of  January,  A.  1).  1864,  or  until  six  months  after  the 
close  of  the  present  war,  should  it  terminate  before  the  date  named,  or  until 
otherwise  provided  by  law." 

Skc.  3.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  January  11th,  18t32 


40 

CHAPTER  Llli. 

AN  ACT  prohibiting  otrnrrs  or  employers  of  slaves  from  placing  them  in  charge 
of  farms  or  stock  rattrhes,  detached  or  rertuved  from  the  home  or  place  of  resi- 
dence of  the  oicner  or  cwploycr.^ 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  Irom' 
aud  after  tbe  passage  of  this  act  it  shall  not  be  lawiiil  for  any  owner  or  employ- 
er ,  to  place  any  slave  in  charge  of  any  farm  or  stock  ranche,  detached  or  re- 
moved from  the  residence  or  home  of  such  owner  or  employer. 

Sec.  2.  That  every  farmer  or  stock  raiser  is  hereby  required  to  keep  a  free 
white  person  upon  and  in  charge  of  any  farm  or  stock  ranche,  where  he  may 
have  slaves  not  immediately  under  his  own  control,  and  connected  with  his  or 
her  home  or  residence. 

Skc.  3.  That  any  person  violating  the  provisions  of  this  act,  shall  be  subject 
to  a  tine  not  less  than  tifty  nor  more  than  one  hundred  dollars,  for  each  and 
every  violation. 

Sec.  4.  That  the  District  Judges  are  required  to  give  this  act  in  charge  to 
tbe  Grand  Juries;  and  it  shall  take  effect  and  be  in  force  forty  days  after  its 
passage. 

Approved  January  11th,  1862. 


CHAPTEE  LIV. 
AN  ACT  to  authorize  and  regulate  funding  in  loan  bonds. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 
audited  indebtedness  of  the  State  shall  be  receivable  in  payment  for  its  loan 
bonds. 

Sec.  2.  Any  indebtedness  of  the  State  for  any  special  fuud,  which  has  been 
or  may  be  used  by  the  State,  under  any  law,  shall  be  substituted,  as  far  as 
practicable,  by  loan  bonds  of  the  State,  which  sliall  enure  to  the  benefit  of  the 
interest  entitled  to  such  fund,  until  it  shall  be  reimbursed,  and  the  bonds  be 
thereby  re-purchased,  when  they  shall  be  subject  to  re-sale,  as  if  they  had  not 
been  so  used ;  and  such  adjustments  shall  be  ma^e  by  the  Governor,  Comptrol- 
ler, and  Treasurer,  acting  by  a  majority. 

Sec.  3.     This  act  shall  be  in  force  from  its  passage. 

Approved  January  13th,  1862. 

CHAPTEE  LV. 

AN  ACT  to  suspend  the  Statute  of  Limitations  on  bills,  bonds,  promissory  notes, 

and  all  contracts  for  the  payment  of  money,  until  the  \st  day  of  January,  1864, 

or  until  six  months  after  the  close  of  the  present  war. 

Sf-ction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Statute  of  Limitations  be  and  the  same  are  hereby  suspended,  until  the  1st  day 
of  January,  1864,  or  until  six  months  after  the  close  of  the  present  war,  so  far 
as  they  refer  to  debts  and  claims  due  on  bills,  bonds,  promissory  notes,  and  all 
contracts  for  the  payme^it  of  money. 

Sec.  2.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  13th,  1862. 


CHAPTER  LVI. 

AJSTACT  to  provide  a7-ms  and  ammunition  and  for  the  manvfacture  of  arms 
and  ordnance  for  the  military  defence  of  the  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
live;  hundred  thousand  dollars  of  the  bonds  authorized  to  be  issued  by,  "An  Act 
authorizing  a  loan  and  imposing  a  specific  tax,  to  meet  the  principal  and  interest 
thereof,  under  the  provisions  of  the  33d  section  of  the  7th  article  of  the  Constitu- 
tion of  the  State,"  approved  April  8th  1861,  is  hereby  appropriated  for  the  pur- 


41 

pose  of  procuring  arms  and  ammunition  and  for  the  manufacture  of  arras  and 
ordnance  for  the  military  defence  of  the  State. 

Sec.  'l.  The  Governor,  Comptroller,  and  Treasurer,  are  hereliy  created  a 
Military  Board,  any  two  of  whom  may  act.  for  the  purpo?<'  of  disposinj  of  said 
bonds  iiL  any  maauer  thoy  may  seo  proper  in  order  to  accomplish  the  olijocts  men- 
tioned in  tlie  precedinj^  section.  Said  l>oaril  may  sell  the  honds  for  money  and 
theu  buy  the  arms  and  ammunition,  or  negotiate  the  bond?  for  iirms  and  ammuni- 
tion, or  for  anything  else  in  order  to  carry  out  the  proxisious  of  the  first  section 
of  this  act. 

Sec.  3.  That  said  Military  Board  shall  have  the  power  to  appdint  one.  or 
more,  agents  to  negotiate  said  bonds  and  to  purchase  said  arms  and  ammunition, 
and  to  superinteml  tho  manufacture  nf  arms  and  ordnance.  Such  agent  or  agents 
shall  be  govtrued  m  his  or  their  negotiations  by  the  instruclious  of  .said  Mditary 
Board. 

Sec.  4.  Such  agent  or  agents  sliall  he  entitled  to  such  reasonable  compensa- 
tion for  his  or  their  services  as  shall  be  agreed  upon  between  him  or  them  and 
said  Military  Board. 

Sso.  5.  That  said  Military  Board,  may.  in  their  discretion,  est^abljsh  a  foundry 
for  the  manufacture  of  ordnance  and  one  or  more  manufactures  of  small  arms,  to 
be  located  at  such  place  or  plai-cs  as  said  Board  may  seh'ct. 

Sec.  G.  That  the  sum  of  live  thousand  dollars,  or  so  much  thereof  as  may  Ik; 
necessary,  is  hereby  appropriated  for  the  purpose  of  carrying  out  the  provisions 
of  this  act. 

Sec.  7.  That  tlus  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  January  Uth,  1862. 


CHAPTEK  LVir. 

.l.V  ACT  to  provide  for  the  perpetuation  of  testimony  during;  the  time  limited 
hi  .In  .let  entitled,  ".?u  .^Ict  sufipnidin^  oU  laws  for  the  collrction  of  debts 
and  liabilities  on  bonds,  promisori/  notes,  bills  of  exchans^e  and  contracts  for 
the  payment  of  money,  until  flu  Isl  day  of  January  1864.  or  until  sir  months 
after  the  close  of  the  present  war  should  it  terminate  before  the  date  named, 
or  until  otherwise  jirovided  by  late. — approved  Itk  December.  1861. 

Section  1.  Be  it  enacted  by  the  Lef^islature  of  the  State  of  Texas.  That 
during  the  time  mentioned  in  the  act  recited  in  caption  of  this  act  any  person  or 
persons  desiring  to  perpetuate  the  testimony  of  a  witness  or  witnesses,  which  may 
be  material  to  him  or  them,  in  support  of  any  cause  of  action  which  such  person 
or  persons  may  have  against  any  other  perscui  or  persons  ;  or  in  defeiidint^  any 
suit  which  hereafter  may  be  instituted  against  him  or  them  ;  may  tile  a  state- 
ment in  the  Court  of  the  county  where  such  cause  of  action  might  Ik-  jtrosecuted 
or  suit  instituted,  representing  the  faets  ;  together  with  interrogatories  propoun- 
ded to  the  witness  or  witnesses,  whose  testimony  is  sought  to  l)e  perpetuated  ; 
a  copy  of  which  statement  and  interrogatories  shall  be  served  upon  the  persons 
interested  adversely,  whose  names  shall  be  mentioned  in  the  statement  of  facts  ; 
where  such  adverse  parties  are  residents  of  this  state.  And  in  such  cases  as  said 
adverse  parties  are  non-residents  or  are -alxsent  from  the  state,  or  their  place  of 
residence  is  unknown  the  person  or  jjersons,  making  such  ajiplicalion  may  make 
affidavit  of  such  fact  ;  and  service  of  notice  of  the  tiling  of  said  statement  and  in- 
terrogatories may  be  perfected  by  the  publication  of  an  abstract  of  said  statement 
and  the  facts  sought  to  be  proven  bv^lhe  witness  or  witnesses,  for  three  conwcu- 
tive  week.«,  in  a  newspaper  published'iu  the  county,  if  there  be  one  ;  and  if  not 
then  in  the  newspaper  published  in  the  nearest  county  to  the  Court  where  mch 
suit  might  be  instituted  ;  after  which  notice  by  personal  service  or  by  jjublicatiou 
as  herein  provided  ;  the  depositions  of  the  witness  or  witnesses  may  be  lak(;n  and 
returned  by  any  of  the  parties  to  such  statement,  in  like  manner  as  is  now  pro- 
vided by  law  for  the  taking  and  returning  of  depositions  of  witnesses  in  civil 
cases  :  And  shall  lie  entered  on  the  records  of  the  Court,  and  may  be  used  in  any 


42 

Guit  or  suits  which  may  be  thereafter  instituted,  by  or  between  any  of  the  parties 
to  the  statement  or  those  claiming  imder  them,  in  liltc  manner,  as  if  such  deposi- 
tions ha«l  been  taken  after  the  institution  of  such  suit  or  suits  ;  and  when  suits 
have  been  instituted,  all  such  depositions  so  talicn  and  returned  shall  be  subject 
to  like  exceptions  as  all  other  depositions. 

Sec.  2.     That  this  Act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  13th,  1862. 

CHAPTER  LVIII. 

AN  ACT  to  amend  the  second  and  third  sections  of  an  act,  entitled,  "An  Act  au- 
thorizing a  loan  and  imposing  a  specific  tax  to  meet  the  principal  and  interest 
thereof,  under  the  provisions  of  the  'S'M  section  of  the  7th  article  of  the  Constitu- 
tion of  the  State'' — approved  April  8th,  18G1,  and  supplementary  to  said  act. 

"Whereas,  no  bonds  have  been  issued  or  negotiated  under  the  provisions  of  the 
act  recited  in  the  caption  hereof, — therefore — 

Section  1.  Be  it  enacted  bi/  the  Legislature  of  the  State  of  Texas,  That  the 
second  section  of  said  act  recited  in  the  caption  hereof  is  hereby  amended  so 
that  the  same  sliall  hereafter  read  as  follows — viz  : 

The  Governor.  Comptroller  and  Treasurer,  or  a  majority  of  them,  may  in  their 
discretion  appoint  an  agent  or  agents  to  negotiate  the  disposition  or  sale  of  said 
bonds  from  time  to  time  ;  and  in  case  the  bonds  are  sold  for  money  the  proceeds 
of  such  sales  shall  be  placed  in  some  bank  in  the  city  of  New  Orleans  subject  to 
the  orders  or  drafts  of  the  Comptroller  of  the  State  for  state  purposes,  or  shall 
be  paid  into  the  State  Treasury  at  Austin,  as  shall  be  directed  by  the  authority 
appointing  such  agent  or  agents.  All  agents  appointed  under  the  provisions  of 
this  act  shall  be  governed  in  their  negotiations  by  the  instructions  of  the  authori- 
ty appointing  them  ;  and  the  Governor,  Comptroller  and  Treasurer,  or  a  majo- 
rity of  thcui,  may  without  the  interposition  of  any  agent  negotiate  the  disposi- 
tion or  sale  of  said  bonds  for  the  purposes  of  this  act. 

Skc.  2.  The  third  section  of  said  act  recited  in  the  caption  hereof,  is  hereby 
■amended  so  that  the  same  shall  hereafter  read  as  follows — viz  :  The  said  bonds, 
or  the  proceeds  of  the  sale  thereof,  shall  be  applied  to  the  following  objects  and 
no  other  purpose  whatever.  1st,  To  the  satisfaction  or  payment  of  appropriations 
which  have  been  or  may  hereafter  be  made  for  the  purchase  of  arms  and  uiuni- 
tions  of  war,  or  for  the  manufacture  of  arms  and  ordnance. 

2d,  To  the  satisfaction  or  payment  of  all  indebtednes  incurred  by  the  State 
Convention  or  under  its  authority,  and  to  meet  any  deficit  in  appropriations  made 
to  meet  the  expenses  of  said  Convention,  in  case  said  bonds  can  be  so  used. 

3rd.  To  the  funding  of  any  indebtedness  of  the  State,  present  or  future,  to  the 
payment  of  all  indebtedness  of  the  State  created  for  the  defence  of  the  frontier, 
and  to  the  payment  of  appropriations  which  have  been  or  may  hereafter  be  made 
for  the  military  defence  of  the  State.  To  the  repayment  of  all  disbursi-nients 
made  from  the  Treasury  or  anticipated  from  tlie  accruing  revenues  of  the  State, 
or  from  any  special  fund  or  funds  in  the  State  Treasury  to  meet  appropriations 
to  pay  the  expenses  of  the  State  Convention,  and  of  the  extra  and  adjourned  ses- 
sions of  the  Lef^islaturo.  To  the  payment  of  any  deficit  in  the  appropriations 
made  to  meet  the  ordinary  expenses  of  the  Government  for  the  year  18C1,  arising 
from  the  anticipation  of  the  revenue  to  meet  extraordinary  demands. 

Sec.  3.  The  bonds  and  coupons  authorized  by  said  act  f-hall  be  payable  at  some 
bank  in  the  city  of  New  Orleans  in  the  State  of  Louisiana,  or  at  the  Treasury  of 
the  State  at  the  option  of  the  holder  of  the  same ;  and  in  case  any  such  holder 
shall  elect  to  receive  such  payment  at  the  Treasury  of  the  State  he  shall  give 
notice  thtrcdf  in  writing  to  the  Treasurer  of  the  S(at(3  thirty  days  before  the  ma- 
turity of  such  l)nnd  or  coupon.  The  tax  assessed  under  and  by  virtue  of  said  act 
shall  be  collected  in  gold  or  silver  only,  any  law  to  the  contrary  nothwithstand- 
ing.     And  this  act  siiall  be  in  force  from  and  after  its  passage. 

Approved  January  Uth,  18(i2. 


43 

CHAPTER  LIX. 

AN  ^CT  to  prescribe  the  duties  of  the  Commissioner  of  the  General  T^nd  Office  in 

certain  cases. 

Section  1.  Br  if  ennrted  by  the  Legislature  of  the  State  of  Texas.  That  tho 
CojnmissioiuT  of  the  Genoral  Land  Oflico  is  hereby  prohibited  from  issuing  pat- 
ents on  any  Bounty,  Donation  or  other  Certificate  for  lands,  heretofore  required 
by  law  to  bo  preseuted  to  and  a]i]iroved  by  thi>  Commissioner  of  the  Court  of 
Claims,  that  liave  not  lieen  approved  by  said  Commissioner  or  Comptroller  act- 
ing a,s  such  Commissioner  or  issued  by  special  act  of  the  Legislature. 

Sko.  2.  That  the  Commissioner  shall  reject  all  Bounty  and  Donation  warrants 
issued  to  an  assignee  since  the  twenty  fourth  day  of  November.  1S5L  Avhere  the 
same  sliall  appear  on  the  '"Black  list"'  comi)iled  from  the  arehivs  of  the  'ate  Ad- 
jutant Generals  Office  prior  to  its  destruction  by  fire  :  provided  iii^  "ights  of  the 
original  grantees  shall  not  be  impaired  thereby. 

Skc.  3.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  January  13th,  1862. 


CHAPTER  LX. 

AK  ACT  to  amend  an  act  entitled  an  act  prescribing  the  mode  of  establishinir  the 

liabilities  of  draircrs,  endorsers  of  bills   of  exchange,   and  promisory  notes,  ap- 

prored  2Uh  .March,  1848. 

Skctiox  1.  Be  it  enacted  by  the  F^  gis/aturc  of  the  State  of  Texas,  That  the 
sixth  section  of  an  act  nrescribing  the  mode  of  establishing  the  liabilities  of  draw- 
ers and  endorsers  of  Bills  of  exchange,  and  promisory  notes,  approved  20th  March, 
1848  be  so  amended  as  to  rea«las  follows  :  Sec.  6,  Three  days  of  grace  shall  l)e 
allowed  on  all  bills  of  exchange  and  promisory  notes,  a.ssignable  and  negotiable 
by  law. 

Approved  January  11th,  1862. 

CHAPTER   LXI. 

JIN  ACT  to  amend  the  fourth  section   and  to  repeal  the  sixth  section  of  an  Act 

(ntillcd"  An  Act  to  regulate  the  Public  Printing."  .^pprored '22d  , Yorcitibcr  IS^j9. 

Section  1.  Be  it  enacted  by  the.  Legislature  of  the  State  of  Texas,  That  tho 
fourth  section  of  the,  above  recited  act  be  amended,  so  that  it  shall  hereafter 
read  as  f(dlows : 

"  Skction  4.  Such  sealed  proposals  shall  in  every  instance  be  accom- 
panied by  a  bond  in  the  sum  of  twelve  thousand  dollars,  signed  by  the  party 
or  parties  making  tiie  proposals,  with  two  f)r  mon-  responsible  persons  as  secu- 
rities, conditioned,  should  the  proposals  be  accepted,  for  tho  faithful  perform- 
ance of  the  work  in  accordance  with  the  liid  contained  in  the  proposals-  accom- 
panying the  bond,  and  in  tho  time  and  manner  prescribed  by  law,whicli  bond 
must  be  submitted  to  the  Secretary  of  State,  Tnjasurer  and  Comi)troller,  or  a 
majority  of  them,  for  apjiroval ;  and  no  scaled  proposals  shall  be  considered, 
unless  accompanied  with  such  bond  so  to  be  approved;  and  that  said  bond, 
after  its  approval  and  the  acfentance  of  the  proposals,  sh.all  be  filed  with  such 
prii|iosals  in  the  ofliee  of  tlie  Si-cretary  of  State." 

Sec.  2.  B"  il  further  enacted,  Tliat  the  sixth  scrtion  of  the  above  recited 
act  be,  and  the  same  is  hereby  repealed. 

Sec.  '.i.  Br,  it  further  enacted,  That  this  act  be  in  force  from  and  after  its 
passage. 

Approved  .January  lllh,  1^02. 


CHAPTER   LXJI. 
AN  ACT  for   the  rrlirf  of    Companrm  inrorporatrd  for  purposes  of  Internal  Jm- 
prorement,  by   allowing   them  further  time  for  performance,  on   a<  count  of  the 
pending  trar. 
Section    1.       J\r  U  ennrlid  by  the    LfPislature  of  thr    Stale  of   Trinn,    Tliat   tlw 


A\ 

time  of  the  continuance  of  the  present  war  between  tlie  Confederate  States 
nnd  United  States  of  America,  shall  not  be  computed  against  any  Internal 
Improvement  Company  in  rcckoninj^  the  period  allowed  them  in  their  char- 
ters, by  any  law,  fjjeneral  or  special,  for  the  completion  of  any  work  con- 
tracted by  thenr  to  do ;  i/rocidcd.  That  this  act  shall  not  be  so  construed  as 
to  revive  any  charier  of  a  Raih'oad  Company  which  has  been  forfeited  prior 
to  the  21. St  day  of  May,  18i)l. 

8kc.  '2.  The  President  and  Directors  of  the  Houston  and  Texas  Central 
Railroad  Company,  shall,  before  the  provisions  of  this  act  shall  extend  to 
the  l)enetit8  of  said  Company,  pass  a  resolution  restoring  the  orio-mal  bona 
fide  iStockliolders  of  said  Company — those  who  have  paid  i'or  their  stock — to 
all  the  rights,  privileges  and  immunities  to  which  they  were  entitled  previous 
to,  and  of  v.-hich  they  wore  divestenl  by  the  sale  of  said  road  tj  W.  J.  Hu;ch- 
ins  and  others,  and  shall  forward  to  the  Governor  of  the  State  a  copy  of  naid 
resolution,  signed  by  the  President  and  countersigned  by  the  Secretary  or 
Treasurer,  under  the  seal  of  said  Company,  and  said  Company  shall  not 
have  the  power  to  repeal  said  resolution  so  as  to  defeat  the  object  of  this  act ; 
provided^  That  if  the  said  original  bona  fide  Stockholders  should  fail  to  pay 
into  the  treasury  of  said  Company  ten  per  cent,  upon  their  said  stock,  on  or 
before  the  expiration  of  the  extension  of  time  jirovidxl  in  this  act,  for  the  ful- 
filment of  the  charter  obligations  of  said  Company  to  the  State,  then  and  in 
that  case  said  Stockholders  shall  forfeit  all  their  rights,  privileges  and  pro- 
perty interests  as  Stockholders  in  said  road. 

Skc.  3.  The  President  and  Directors  of  any  Railroad  Company  in  this 
State  shall  not  have  the  power  to  sell  out  Stockholders  in  said  Company  by 
virtue  of  any  law  now  in  force,  until  the  expiration  of  the  time  of  extension 
provided  in  this  act  for  the  fulfillment  of  its  charter  obligations  to  the  State. 

Skc.  4.  The  provisions  of  any  law,  contrary  to  those  of  this  act,  shall 
have  no  force  or  effect  so  far  as  they  may  conflict  with  the  provisions  of  this 
act,  and  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  11th,  18f)'2. 

CHAPTER  LXIII. 

AJV  ACT  to  repeal  "  Jla  Jlct  to  provide  for  the  funding  of  the  debt  contracted  for 

the  protection    of  the  frontier, ^^  approved   March  20,  1861 ;  and  to  provide  for 

liquidating  the  funded  debt. 

Section  ].  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  "An 
Act  to  provide  for  the  funding  of  the  debt  contracted  for  the  protection  of  the 
frontier,"  approved  March  20,  1861,  is  hereby  repealed;  and  thai  the  debt,  of 
sixteen  thousand  dollars  and  interest  thereon,  which  has  been  funded  under 
that  act,  shall  be  liquidated  in  Treasury  Wari'ants,  at  par,  or  in  loan  bonds, 
or  in  money ;  and  for  this  purpose,  that  tvrenty  thousand  dollars,  or  so  mucli 
thereof  as  may  be  necessary,  is  appropriated,  to  be  paid  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated ;  and  that  this  act  shall  have  full 
effect  whenever  such  liquidation  shall  have  been  made  ;  and,  in  the  meantime, 
that  no  further  funding  shall  be  done  under  said  act. 

Sec.  2.  The  Cumptroller  and  Treasurer  are  authorized  to  make  the  liqui- 
dation aforesaid  ;  and  this  act  shall  take  effect  from  its  passage. 

Approved  January  11th,  1862. 


CHAPTER  LXIV. 

AN  ACT  to  authorize  the  Chief  Clerk  in  the  Treasimj  Office  to  sign  the  name  of 
the  Treasurer  in  certain  cases. 

Skction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Chief  Clerk  of  the  Treasury  Office,  be  and  he  is  hereby  authorized  to  sign 
the  name  of  the  Treasurer,  by  himself  as  clerk,  whenever  by  reason  of  sick- 
ness, unavoidable  absence,  or  other  cause,  the  Treasurer's  name  nray  not  be 


45 

affixed   by   lumself;   and  the  signature   of    the    Treasurer    affixed    by    the 
Chief  Clerk  as  liercin  provided,  shall  Lo  as  valid  as  when  affixed  by  himself. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage.' 

Approved  January  lltli.  186'2. 

CHAPTER   LXV. 

.iJ\^  ACT  lo  repeal  a  certain  act  herein  specified. 

Sf.ctioN  1.  Be  it  enacted  h;!  the  Tjeoitslature  of  the  State  of  Texan,  That  an  act 
to  provide  for  the  reception  and  de|)osit  of  a  portion  of  the  indemnitj'  due  the 
State  of  Texas,  by  the  United  States,  for  the  sale  of  a  portion  of  her  northwest- 
ern territory,  under  the  provisions  of  an  act  of  Con<:::ress,  approved  Se])teniber 
9th,  1850,  which  act  of  the  Legislature  was  approved  December  16th,  185],  is 
liei'cby  repealed;  but  without  prejudice  to  any  vestml  rights,  that  nny  have 
arif  en  from  said  act.  And  this  act  slmll  take  etVi'ct  and  be  in  f.irc'  from  its 
passage. 

Approved  .Tanuary  lltli,  18G'2. 


CHAPTER   LXVI. 

'  .IN  ACT  to  amend  the  sixteenth  section  of  an  act  to  provide  for  the  Assessment 

and  Collection  of  Taxes,  approved  Februanj  ll^A,  1850." 

Section  1.  Beit  enacted  liy  the  Ligislatarc  of  the  Slate  of  Texas,  That  sec- 
tion sixteen  of  "  An  Act  to  provide  for  the  assessment  and  coUoction  of  taxes, 
apiiroved  February  IJth,  1850,"  be  so  amended  as  here.ifter  to  read  as  follows  : 
It  any  person  shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him  and  his 
]iroperty  by  law,  until  the  first  day  of  August,  next  succeeding  the  return  of 
tho  assessment  roll  of  his  county,  to  the  Comptroller,  the  A.ssessor  &  Collector 
sliall,  by  virtue  of  his  tax  list,  levy  upon  so  nnich  property  liable  to  taxation 
belonging  to  such  i)ersou,  if  to  be  found  in  his  county,  as  may  be  snllicient  to 
pay  his  or  her  taxes  ;  provided,  however,  that  if  such  person,  his  agent  or  attor- 
ney, shall  jioint  out  to  the  Assessor  &  C'dllector  sufficient  property  belonging 
to  the  party  assessed  in  said  county  to  jiay  said  taxes,  theu  the  Assessor  & 
Collector  shall  levy  upon  the  property  so  pointed  out,  and  in  case  the  pro- 
perty levied  on  is  about  to  be  removed  out  of  the  county,  the  Assessor  &• 
Collector  shall  proceed  to  take  into  his  possession  so  much  thereof  as  will 
jiay  the  taxes  assessed,  and  the  costs  of  colWction ;  pronidol.  That  if  tln^ 
blockade  of  the  ports  of  Texas  be  raised  before  the  first  day  of  August  next, 
then  the  collection  of  taxes  by  levy  and  sale  may  take  place  .it  the  expiration 
of  thirty  days  from  said  event. 

Sec.  2.     That  this  act  be  in  ftu-ce  from  and  after  its  jjassagi'. 

Approved  January  11th,  18(V2. 


(HAPTER    LXVII. 
1  -V  ACT  to  proride  for  taking  testimoni^  Inj  drposilion  during  the  continuance  in 
force,  of  an  act  entitled  "An  Act  suj^pendina  all  lairs  for  the  collection  of  dih'i^ 
and  liahilities   on  bonds,  promissory  notes,  bills  <f  ejchantrc  and  contracts,  for 
the  payment  of  nwncf),  nntil  the   \sfday  of  .lanuary,  ]>^f>4,  or  until  six  months 
after  the  close  of  the  present  tear,  shoulil  it  terminate  before  the  date  named,  or 
until  othertrisc  provided  by  lair,"'  approved.  December  7th,  1861. 
SkcTION  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  dur- 
ing tlie  continuance  in  force  ai'  the  act  mentitmed  in  the  caption  Inneof,  par- 
ties to  suits  j)(>nding  in  any  court  of  this  State,  shall  liavc  all  the  rights  and 
privileges  to  lake  thi>  testimony  of  witnesses  by  depositions,  tliat  were  allowed 
them  under  the  laws  in  force  on  that  subject  at  thed.-ite  of  tlie  passage  of  said 
act,  and  said  depositions,  so  taken,  shall  have  the  .sann3  force  and  etl'ect,  and 
be  subject,  to  the  sanu!  excei)tions,  wlien  offered  in  the  tri.al  of  any  cause,  as 
though  obtaini'd  prior  to  the  passage  of  said  act,  ]irovided  depositions  of  wit- 


46 

neeses  re8idinf»  in  the  county  where  suits  are  pending  may  be  taken  in  like 
manner  witli  witnesses  residing  out  of  the  county. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  11th,  1862. 

CHAPTER  LXVIII. 

.4^  ACT  changing  the  time  of  liolding  the  District  Courts  in  the  Ninth  Judicial 

District. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
District  Courts  of  the  Ninth  Judicial  District,  shalj  hereafter  be  held  as 
follows : 

The  District  Court  of  Houston  county  shall  he  held  on  the  third  Mondays 
of  February  and  August,  and  may  continue  in  session  three  weeks. 

The  District  Court  of  Cherokee  county  shall  be  held  on  the  third  Monday 
after  the  third  Mondays  in  February  and  August,  and  may  continue  in  ses- 
sion five  weeks. 

The  District  Court  of  Anderson  county  shall  ho  held  on  the  eighth  Monday 
after  the  third  Mondays  in  February  and  August,  and  may  continue  in  ses- 
sion four  weeks. 

The  District  Court  of  Henderson  county  shall  be  held  on  the  twelfth  Mon- 
day after  the  third  Mondays  in  February  and  August,  and  may  continue  in 
session  three  weeks. 

The  District  Court  of  Smith  county  shall  be  held  on  the  third  Mondays  of 
January  and  July,  and  may  continue  in  session  to,  and  including,  Thursday 
of  ihe  week  preceding  the  day  fixed  for  the  time  of  holding  Courts  in  Hous- 
ton county. 

Sec.  2.  All  writs  and  process  of  every  description  pertaining  to  said, 
courts,  shall  he  returned  in  accordance  with  the  provisions  of  this  act  after  it 
goes  into  effect,  and  all  writs,  process,  bonds,  recognizances,  issued,  made  or 
entered  into  to  that  date,  shall  not  be  effected  by  the  passage  hereof. 

Approved  January  11th,  1862. 


CHAPTER  LXIX. 

AN  ACT  for  the  relief  of  Railroad  Companies. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
failure  of  any  chartered  Railroad  Company  in  this  State  to  complete  any  sec- 
tion or  fraction  of  a  section  of  its  road,  as  required  by  tlie  existing  laws,  shall 
not  operate  as  a  forfeiture  of  its  charter  or  of  the  lands  to  which  said  Company 
■would  be  entitled  under  the  provisions  of  an  act,  entitled  "  An  Act  to  encour- 
age the  construction  of  Railroads  in  Texas,  by  donations  of  land,"  approved 
January  '30th,  1854,  and  the  several  acts  supplementary  thereto,  provided 
said  Company  shall  complete  such  section  or  fraction  of  a  section  as  would 
entitle  it  to  donations  of  laud  under  existing  laws,  within  two  years  after  the 
close  of  the  present  war  between  the  Confederate  States,  and  the  United  States 
of  America. 

Sec.  2.  That  during  the  time  named  in  the  first  section  of  this  act,  any 
such  Company  having  completed  and  in  running  order,  twenty-five  miles  of 
iis  road,  shall  be  entitled  to  receive  from  the  State  a  grant  of  sixteen  sections 
of  land  for  every  mile  of  road  constructed,  or  which  may  hereafter  be  con- 
structed, and  juit  in  running  order,  beyond  the  said  section  of  twenty-five 
miles  ;  provided.  That  no  Company  shall  receive  from  the  State  more  than 
sixteen  sections  of  land  per  mile  for  any  portion  of  its  road  now  or  hereafter 
constructed,  unless  otherwise  provided  by  its  charter,  or  special  provision  of 
some  law. 

Sec.  3.  That  upon  the  application  of  any  Company  which  may  have  com- 
pleted any  portion  of  its  road  beyond  the  safd  section  of  twenty-five  miles,  the 
Commissioner  of  the  General  Land  Office  shall  i.-jsue  to  said  Comuanv  certifi- 


47 

cates  for  the  lands  to  which  it  may  be  entitled  under  the  provisions  of  this  act,, 
and  which  may  liave  been  desig;nated,  and  caused  to  be  surveyed  by  said 
Company  in  accordance  with  cxistinpj  laws  ;  provided,  That  this  act  shall  not 
be  so  construed  as  to  conflict  with,  or  in  any  manner  alter,  or  chantje  the  pro- 
visions of  an  act,  entitled  "An  Act  for  the  relief  of  the  Memphis  and  El  Paso 
Railroad  Company,  and  all  other  Railroad  Companies,"  passed  March,  20th, 
186J. 

Sec.  4.  That  the  lands  to  which  any  sucli  company  may  now  be  entitled  in. 
pursuance  of  this  act,  may  be  designated,  surveyed  and  patented  at  anytime 
within  two  years  after  the  passage  of  this  act:  and  the  President  and  Directors 
of  the  Houston  and  Texas  Central  liailroad  Company  shall,  before  the  ])ro- 
visions  of  this  act  shall  extend  to  the  benefit  of  said  company,  pass  a  resolu- 
tion restoring  the  original  bona  tide  stock-holders  of  said  company — those  who 
have  paid  for  stock — to  all  the  rights,  privileges  and  immunities,  to  which  they 
were  entitled  previous  to  and  of  whicli  they  were  divested  by  the  sale  of  said 
road  to  W.  J.  llutchins  and  others,  and  shall  forward  to  the  Governor 
of  the  State  a  copy  of  said  resolution,  signed  by  the  President,  and  counter- 
signed by  the  .Secretary  or  Treasurer,  under  the  seal  of  said  company ;  and 
said  company  .shall  not  have  the  power  to  repeal  said  resolution,  so  as  to  defeat 
the  object  of  this  act ;  provided,  that  if  the  said  original  bona  fide  stock-holders 
should  fail  to  pay  into  the  Treasury  of  said  company  ten  per  cent,  upon  their 
said  stock,  on  or  before  the  expiration  of  the  extension  of  time  provided  in  this 
act  for  railroad  companies,  to  fulfil  their  charter  obligations  to  the  State,  then, 
and  in  that  case,  said  stockholders  shall  forfeit  all  their  rights,  privileges,  and 
property  interests,  as  stock-holders,  in  said  road. 

Sec.  5.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  11th,  1862. 

CHAPTER   LXX. 

AN  ACT  making  appropriations  for  tlic  vse  and  support  of  the  State  Gocernmcntf 
for  the  years  18t)2  and  1863. 

Section.  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the 
following  sums  be,  and  they  are  hereby  appropriated  for  the  use  and  support 
of  the  State  Govenunent,  for  the  years  18(52  and  1863. 

LEGISLATURE. 

For  the  purchase  of  fire  wood  and  stationery  for  the  next  Legisla- 
ture, $  1,000 

JUDICIARY— SUPREME  COURT. 

Salary  of  thre^'  Judges,  each,  per  annum,  !f!3,n00  ?<  9,000-  $18,000 

Contingent  expen.ses  of  Supreme  Court,  ])er  annum.  1,1.'")H —    2,300 

Pav  of  Sheriffs,                     ' 60i>—     1,218 

Porter  hire,                             "             "           "          "  203—        406 

Publishing  Reports,  per  annum,  7,000 —  14,000 

Clerk's  Fees  in  felony  cases,  per  aununi.  150 —        300 

DISTRICT  COURTS. 

Salary  of  twenty  .Judges,  each,  per  annum,  $i2,2.")0,  4r),00n—  I>0,000 

Salary  of  twenty  Attorneys,  each,  \>vr  annum,  $:M).  10,000-  20,000 

Costs  due  Clerks,  Sheriffs  and   Attonjeys,  ]ier  annum,  5,000 —  10,000 

ATTORNEY  (JENERAL'S  OFFICE. 

Salary  of  Attorney  General,  ]t(T  annum,  1.800 —     3,600 

Contingent  fund,  j)er  annum,  10(1 —        200 

Fees  in  felony  cas«'S,  jier  annum.  2.50 —        500 


48 


EXECUTIVE— GOVERNOR'S  OFFICE. 

Snlary  of  Governor,  per  annum,  | 

Salary  of  Privat;-  Secretary,  per  annum, 

Contfugent  Exjxnse.s,  per  annum. 

Recovering  fugitives  from  justice,  ]ier  annum, 

Publishing  proclamations,  per  anuuin, 

Furnisliing  Governor's  mansion, 

SECRETARY  OF   STATE'S  OFFICE.      . 
Salary  of  Secretary  of  State,   per  annum, 
Salary  of  Cliit^f  Clerk,  per  annum, 
Priming,  per  annum, 
Portt-r  Lire  end  wood,  per  annum. 
Postage,  per  annum. 
Contingent  exjipuses,  per,  annum, 
Stationery  ;:nU  Books,  per  annum, 
Extra  cl(;rk  hire,  and  other  expenses,  per  annum. 
Distributing  Laws  and  Jouinal.'^,  9th  Legislature,  and  Reports 

of  Supieiiio  Court, 
Printing  Laws  and  Journals,  9th  Legislature, 
Printing  biennial  reports, 

COMPTROLLER'S  OFFICE. 

Salary  of  Comptroller,  per  annum, 

Salary  of  Chi(if  Clerk,  per  annum. 

Salary  of  Tax  Clerk,  per  annum. 

Civil  Accountant,  per    annum, 

Military  Accountant,  per  annum, 

Salaiy  of  four  assistant  cleiks,  at  $900  each,  per  annum, 

Contingent  expenses,  per  annum, 

Books  and  stationery,  per  annum, 

Printing,  per  annum, 

Postage,  ]}tir  annum, 

Blank  as.sesi-meut  rolls,  per  annum. 

Fire-wood  for  Treasury'  buildings,  per  annum, 

Porter  hire,  Treasury  buildings,  per  annum, 

Printing  and  compiling  abstract  of  lands, 

For  blank  Treasury  Warrants, 

TREASURER'S  OFFICE. 

Salary  of  Tieasurcr,  per  annum, 
Salary  of  Chief  Clerk,  per  annum, 
Contingent  expenses,  per  annum. 
Stationery,  postage  and  printing,  per  annum, 

GENERAL  LAND  OFFICE. 

Salary  of  Commissioner,  per  annum. 

Salary  of  Chief  Clerk,  per  annum. 

Salary  of  Translator,  per  annum, 

Salary  of  Receiver,  per  annum. 

Salary  of  Chief  Draltsman,  per  annum. 

Salary  of  three  Assistant  Draftsmen,  each,  $1,100,  per  annum. 

Salary  of  six  2d  Assistant  Draitsmen,  each  $1,000.  j)er  annum, 

Salary  of  twelve  Assistant  Clerks,  each,  $9o0  per  annum. 

Stationery,  per  annum. 

Contingent  exi)enses,  per  annum, 

Postage,  per  annum, 

.Fire  wood,  per  annum, 

Printinf^,  per  annum, 

Porter  hire,  i)er  annum, 


3,000— 

$6,000 

900— 

1,800 

500— 

1,000 

2,500— 

5,000 

750— 

1,500 

500— 

1,000 

1,8':0— 

3,600 

1,400— 

2,800 

300— 

600 

100— 

200 

200— 

400 

150— 

300 

100— 

200 

400— 

800 

1,800- 
1,400- 
1,200- 

1,200-r 

]  ,200- 
3,600- 
200- 
3U0- 
250- 
200- 
600- 
200- 
250- 


1,800— 

1,200— 

200— 

150— 


2,000— 

1,400— 

1 ,200— 

1,200— 

1,200— 

3,300— 

6,000— 

10,800— 

1,000— 

300— 

400— 

250— 

100— 

250— 


49 

ASYLUMS. 

"Support  of  Lunatic  Asylum,  finunally, 
•Support  of  Deaf  and  Dumb  Asylum,  annually, 
Support  of  Blind  Asylum,  annually 

rENITi:NTL\RY. 

Salary  of  Superintendent,  per  annum. 

Salary  of  Financial  Ai^ent,  per  annum. 

Salary  of  tlnoc  Directors,  each,  per  annum,  $250, 

Salary  of  Cliaj>lain,  jier  annum. 

Salary  of  Pliysieian,  per  annum. 

Transportation  of  convicts, 

Stationerj',  Post agfe,  and  printing',  annually, 

TENSIONS. 

Alsl)ury.  .lunna  Navarro,  ]wv  annum, 
Anderson.  W.  H.,  per  annum, 
Baruett,  Thomas,  jier  annum, 
Cole,  David,  i)er  amium, 
Day,  James  M.,  per  annum, 
Davis,  Ivolla  M,  per  annum, 
Field,  Jose)ih  E.,  per  annum, 
Nichols,  James  \\'.,  per  annum, 
Norris,  Thomas,  ])er  annum, 
Smith,  II.  M.,  ]ier  aniuim. 
Shepherd,  Charles,  per  annum, 
Thacker,  J.  B.,  i)er  aniium, 
Webb,  DaA  id,  jn-r  annum. 
Stump,  John  S.,])er  annum, 
Coojier,  Dillard,i])er  annum, 

MISCELLANEOUS. 

Boring  Artesian  Well.  &c., 

Kepairs  on  Public  Buildings, 

Taking  Scholastic  Census,  1862  and  '3,  (out  of  interest  on  School 

Fund,)  11,000 

Slaves  executed,  jier  annum,  4,000 —  8,0U0 

Due  the  San  Antonio  Texan,  for  advertising  Artesian  Wells  con- 
tracts, 

Balance  due  Sampson  ^Hembieks,  furnishing  Executive  Mansion 

For  printing  bill  organizing  Militia, 

For  surveying  Toby  Scrip-land, 

For  advertising  boring  Artesian  Wells  in  tlie  West,  to  J.  Marshall 
&  Co., 

Balance  due  Joban  Peterson  on  boring  well  iu  Capitol  square, 

ADJUTANT  GENERAL'S  OFFICE. 

Salary  of  Adjutant  General,  ])er  annum. 
Salary  of  Assistant  QuarttM'ui aster,  per  annum, 
Salary  of  three  clerks,  each,  .^900  per  annum, 
Books  and  stationery,  per  annum,  * 
Porter  hiri'  and  woo<l,  ]if'r  annum. 
Postage,  Jier  annum. 
Printing,  per  annum, 
ContingiMit  expenses,  per  annum. 

SECt  2.     That  thi.s  act  take  effect  from  and  after  its  pa.ssage. 

Approved.  January  13,  18(i2. 
I) 


12,000— 

24,800 

8,500— 

17,000 

5,500— 

11,000 

1,.500— 

:?.ooo 

1,50(1- 

;<.ooo 

750— 

1.500 

250— 

500 

500— 

1,000 

15,000 

150- 

:wo 

100— 

200 

ion— 

200 

100— 

200 

100— 

200 

100— 

200 

100— 

200 

200— 

400 

100— 

200 

100— 

200 

250— 

500 

125— 

250 

100— 

200 

100— 

200 

200— 

400 

200- 

400 

3,000 

1,000 

81  00 

ion 

75  90 

G75  00 

10  90 

.all 

72  00 

4G5  88 

2,000— 

4,000 

1,200— 

2,400 

2,700— 

5,400 

100— 

200 

100— 

200 

300— 

600 

100— 

200 

1.50— 

300 

50 

CHAPTEE  LXXI. 

^iN  ACT  to  amend  'v^n  Jlct  amendatory  of  the  laws  to  raise  revenue  hy  taxation,^' 
approved  Fehniary  16th,  1858;  and  to  amead  an  act  entitled  "An  Act  to  amend 
an  act  amendatory  of  the  laus  to  raise  revenue  hy  taxation,  approved  Feb.  IGth, 
1S5S,"  approved  AprilSth,  1861. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the 
first  section  of  the  above-named  act,  approved  February  ]6th,  1858,  shall  be 
amended  so  as  to  read  as  follows : 

There  shall  be  levied  and  collected,  for  the  use  of  the  State,  an  annual  direct 
ad  valorem  tax  of  twenty-five  cents  upon  each  hundred  dollars  value  of  property, 
real  and  personal,  in  this  State,  except  sucli  property  as  may  be  exempt  bylaw 
from  taxation,  which  tax  shall  include  the  specific  tax  of  four  cents  on  the  $100, 
provided  by  law,  for  the  payment  of  interest  and  principal  of  loan. 

Skc.  2.  That  section  2d  of  said  act  shall  hereafter  read  as  follows :  There 
shall  be  assessed  and  collected  of  every  free  male  person,  over  the  age  of  twen- 
ty-one years,  resident  in  this  State,  idiots  and  persons  non  compos  mentis  ex- 
cepted, a  poll-tax  of  one  dollar  each. 

Sec.  3.  That  section  6th  of  said  act  shall  hereafter  read  as  follows  :  There 
.shall  be  assessed  and  collected  of  each  and  every  person  pursuing  the  occupa- 
tion of  hawker,  pedlar  of  goods,  or  other  articles  not  manufactured  in  the  State, 
an  annual  direct  tax  of  fifty  dollars,  in  each  county  in  which  he  may  pursue 
such  occupation ;  of  each  and  every  persoir  or  firm  keeping  a  billiard  table,  an 
annual  direct  tax  of  fifty  dollars  for  each  table  so  kept;  of  each  and  every 
person  or  firm  keeping  a  nine  or  ten  pin  alley,  an  annual  direct  tax  of  forty 
dollars  for  each  alley  so  kept;  of  each  and  every  person  or  firm  keeping  a  hotel 
in  towns  of  five  hundred  inhabitants  or  less,  ten  dollars  ;  in  any  town  with  over 
five  hundred  ?nd  under  two  thousand  inhabitants,  fifteen  dollars  ;  in  any  town 
with  over  two  thousand  and  under  five  thousand  inhabitants,  twenty  dollars; 
in  eveiy  town  with  five  thousand  or  over  inhabitants,  thirty  dollars  ;  on  each 
and  every  person  or  firm  keeping  any  restaurant,  cook  shop,  or  eating  house, 
for  pay  or  emolument,  fifteen  dollars ;  on  each  and  every  person  or  firm  keep- 
ing any  brewery,  twenty  dollars  ;  on  each  and  every  person  or  firm  keeping 
any  beer  shop,  in  which  no  vinous  or  spirituous  liquors  are  vended,  twenty-five 
dollars ;  on  each  and  every  person  or  firm  keeping  any  distillery  of  spirituous 
liquors,  fifty  dollars;  on  each  and  every  person  or  firm  keeping  any  storage 
warehouse,  ten  dollars ;  on  each  and  every  jjerson  or  firm  engaged  in  re-press- 
ing cotton,  twenty-five  dollars;  on  each  insurance  company,  fifty i  dol 
lars ;  on  each  and  every  person  or  firm  keeping  a  livery  stable,  fifteen  dol- 
lars ;  on  each  and  every  toll  bridge  or  ferry  kept  and  used  for  pay  as  much  as 
six  months  in  each  year,  ten  dollars  ;  on  each  and  every  person  engaged  in  the 
practice  of  law,  medicine  or  dentistry,  for  pay  or  emolument,  ten  dollars ;  on 
each  and  every  person  having  a  fixed  annual  salary,  whether  as  a  public  officer 
or  by  private  contract,  twenty-five  cents  on  each  hundred  dollars  of  such  salary, 
over  and  above  five  hundred  dollars  ;  upon  each  and  every  firm  or  person  keep- 
ing a  race  track,  forty  dollars  ;  on  each  and  every  person  or  firm  jjursuing  the 
occupation  of  real  estate  broker,  ship  broker,  cotton  broker,  or  any  commis- 
sion business,  for  each  and  every  such  establishment,  twenty  dollars;  on  each 
person  or  firm  engaged  in  the  business  of  underwriting,  or  selling  dry  goods, 
groceries,  or  drugs  and  medicines,  ten  dollars;  on  each  and  every  pawn-broker, 
forty  dollars ;  on  each  and  every  person  engaged  in  negro  trading,  for  each 
negro  sold,  five  dollars.  It  shall  be  the  duty  of  every  person  or  firm  engaged 
in  the  occupation  of  hawker  or  pedlar,  billiard  table  keeper,  keeper  of  nine  or 
ten  pin  alleys,  cook  shop,  eating  house  or  restaurant,  race  track,  auctioneer, 
hotel  keeper,  or  pawn-broker,  before  entering  upon  any  such  occupation,  to  fir«t 
call  upon  the  Assessor  and  Collector  of  the  county  in  which  he  may  intend  to 
follow  such  occupation,  and  pay  the  tax  requiied,  and  take  a  receipt  for  the 
same,  setting  forth  the  occupation,  and  the  amountof  tax  paid,  which  receipt  he 
shall  file  with  the  clerk  of  the  county  comt,  who  shall  thereupon  issue  to  him  a 
license  to  folloAv  such  occupation  for  the  term  for  which  the  license  tax  has  been 


paid,  ami  any  piM'son  failino^  to  do  so  sliall  be  n'qniroJ  to  pay  a  double  tax.. 
It  shall  be  fuitluT  llie  duty  of  the  oloik  to  keep  a  l).iok.  in  wliich  lie  shall  enter 
the  names  of  all  persons  obtaining;  a  lieeus  ■,  vvitli  the  amount  of  ta.K  paid,  and 
the  date  of  the  license,  wliich  book  shall  at  all  times  be  op.^.u  to  tlie  inspection 
of  the  county  c  )urt,  and  to  all  officovs,  executive  and  judicial,  of  his  county, 
a  transcript  of  which  book,  certitied  by  the  C'hief  Justice,  and  under  tlie  seal 
of  the  court,  he  shall  transmit  to  thi'  Comptroller,  on  the  1st  day  of  J  line,  in  each 
and  every  year;  for  which  service  the  Clerk  shall  be  entitled  to  a  fee  of  one 
dollar  in  each  cas",  to  be  paid  by  the  i)avty  ub'aining  the  license. 

Skc.  4.  That  the  first  section  of  said  act,  approved  April  8th,  1831,  recited 
in  the  caption  hereof,  shall  hereafter  read  as  follows  :  There  shall  be  assessed' 
and  collected  of  each  person,  firm,  or  public  corporation,  having  money  or 
pa])er  currency  circulatinf>;  as  nnmey  loaned  at  interest,  buying  or  selling  ex- 
change, or  buying  or  selling  nutes  of  hand,  an.l  on  all  m  mey. or  i)ai)pr  currency 
circulating  as  money,  hoarded  or  kept  on  hand,  beyond  the  sum  of  two  liun- 
dred  dollars,  a  tax  at  the  rate  of  twenty-five  cents  on  each  hundred  ilollars 
loaned,  hoarded  or  kejjt  on  hand,  and  on  the  amount  of  capital  used  for  the  pur- 
chasing of  notes  or  exchange;  and  any  person,  firm  or  public  corporation  having 
money,  or  paper  currency  circulating  as  nioucj',  or  hoarded,  loaued  at  interest,, 
or  money,  or  jtaper  currency  circulating  as  money,  used  in  purchasing  notes 
or  exchange,  or  hoarded,  or  kept  on  hand,  beyond  the'sum  of  two  hundred  dol- 
lars, who  shall  fail  or  refuse  to  give  in  the  same  for  taxation,  shall,  upon  con- 
viction before  any  court  having  competent  jurisdiction,  forfeit  ten  per  centiiui 
npon  the  amount  of  money,  or  paper  currency  circulating  as  nnmey,  thus 
loaned  or  kept  on  hand,  beytnid  two  hundred  dollars,  or  nsed  in  })urchasing 
notes  or  exchange,  and  not  given  in  for  taxation,  to  the  use  of  the  informant 
and  of  the  State,  each  one-half  That  each  and  every  person  or  firm  engaged 
in  the  sale  of  goods,  wares  and  merchandize^,  vinous  or  spirituous  lliipiors,  when- 
sold  in  quantities  of  a  (juart  or  more,  shall  jiay  a  tax  of  twenty-five  cents  on  eaclr 
hundred  dollars  value  of  such  articles  jHirchased  for  sah^  or  received  tor  sale  as 
agent  or  auctionoiT  by  such  jierson  or  firm;  and  it  sha'l  be  the  duty  of  eacb- 
Assessor  and  Collector  in  this  State,  once  in  every  three  months,  or  oftener,  to- 
call  upon  such  person  or  firm  so  occupied  or  engaged,  in  his  county,  for  an  ac- 
count of  such  purchase  or  consignments,  to  be  made  under  oath;  and  every  person 
or  firm,  when  so  called  npon,  who  shall  fail  or  refuse  to  furnish  such  Assessor 
and  Collector  with  an  account  of  such  purchase  or  consignment,  during  the 
term  for  which  the  assessment  is  to  hn  mad<>,  siiall  be  lial>le  to  a  ])enaity  of 
fifty  dollars  for  each  failure  or  neglect,  to  be  recovered  on  information  of  the 
Assessor  and  Collector,  before  any  Justice  of  the  Peace  of  the  proper  county, 
by  a  suit  in  the  name  of  the  State;  and  this  specific  tax  levied  shall  exempt 
the  goods,  wares  and  merchandize  of  sucli  person  or  firm  from  the  rtrZj|.ra/o;-c«4 
tax  levied  by  this  act. 

Sec.  .').  That  the  provisions  of  all  acts  conflicting  with  tiiis  act  are  hereby- 
repealed,  except  so  far  as  relates  to  the  collection  of  taxes  which  have  hereto- 
fore, accrued  and  remain  uncollected,  under  the  provisions  of  former  laws. 

Sec.  G.  That  this  act  be  in  force  and  take  etVect  from  and  after  its  pas- 
sage. 

Approved,  January  liith,  \tfiV2. 


CHAl'TKR  LXXII. 
AN  ACT  to  protect  Public  Buililings. 

Section  ].  Bf  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That 
niiy  person  or  persons  who  may  deface,  injure  or  destroy  any  public  buildings,, 
(«hall,  upon  conviction  thereof,  in  a«y  court  nf  competeut  jurisdiction,  be  fined 
not  less  than  five  dollars,  nor  more  tliau  full  damage  done  thereto. 

Sec.  2.  It  shall  be  the  duty  of  all  Sheriffs,  Justices  of  the  Peace,  Chief 
Justices  of  the  counties,  and  Comniissiouers  of  county  courts,  to  aid  in  the 
execution  of  tliis  law ;  and  it  is  hereby  made  the  duty  of  the  aforcBkid  ofiicerg 


to  rpjiort  all  such  oftcnccs  to  the  next  succeeding  grand  jury  of  their  respec- 
ti\'0  cduutii'S. 

Sec.  3.     That  tliis  act  take  eft'ectfrom  and  after  its  passage. 

Passed  January  4th,  1862. 

CHAPTER  LXXIII. 

AN  ACT  to  repeal  a  certain  act  specified  in  this  act. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  Slate  of  Texas,  That  "An 
Act  providing  for  the  investment  of  the  Sinking  Fund,  approved  February 
i:UI),  1>^()0."  is  licrehy  ro]ie,alt'd ;  but,  without  prejudice  to  any  vested  right 
which  has  ari.scu  under  that  act;  and  tliat  this  act  be  in  force  from  its  passage. 

Approved,  January  lltb,  1862. 

CHAPTER  LXXIV. 

AX  ACT  to  amend  section  r-.th  of  an  act  entiled  ''An  .^ct  to  provide  for  the  organ- 
ization of  the  State  Lunatic  Asylum,  and  for  the  care  and  maintenance  of  the  in- 
sane, approved  February  Wi    1858." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  5th  .section  of  an  act  entitled  "An  act  to  provide  for  the  organization  of 
the  State  Lunatic  Asylum,  and  for  the  care  and  maintenance  of  the  insane, 
approved  February  5th,  1858,"  shall  hereafter  read  as  follows  : 

AiiTi<;i,E  1370.  The  Superintendent  shall  be  a  married  man  and  a  skillful 
physician,  cxi)crienced  in  ihe  treatment  of  the  insane.  He  shall  continue  in 
olhce  for  the  term  of  four  years  from  the  time  of  his  appointment,  unless  soon- 
er removed  by  the  Governor  for  dishonesty,  incapacity,  inefficiency,  miscon- 
duct, or  neglect  of  duty,  and  when  so  removed,  the  removal  shall  be  reported 
by  the  Governor  to  the  Legislature,  together  Avith  the  reasons  thei'efor.  He 
shall  reside  in  the  Asylum,  with  his  family,  when  required  to  do  so  by  tho 
managers. 
Sec.  2  This  act  shall  take  effect  from  and  after  its  passage. 
Ajjprovcd,  January  13,  1862. 

CHAPTER  LXXy. 
AN  ACT  providing  for  the  recovery  of  State  arm  s. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
Ihe  Governor  be,  and  he  is  hereby  directed,  to  require  of  all  persons  liaving 
State  arms  in  their  possession  in  violation  of  lav,-,  to  return  such  arms  to  tho 
Chief  Justice  of  the  county  where  such  person  resides,  within  thirty  days 
after  proclamation  by  the  Governor  requiring  the  same ;  and  any  person  re- 
fusing or  neglecting  so  to  do  shall  be  deemed  guilty  of  a  misdemeanor,  and 
liable  to  indictment  and  fine,  upon  conviction,  in  a  sum  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  to  be  recovered  as  is  provided  for  by 
law. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  13,  1862. 


CHAPTER  LXXVI. 

.IN  ACT  to  appropriate  funds  for  Military  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
one  luiliion  of  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  ap- 
l)ropriatt'd,  to  be  paid  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, for  military  purposes  as  follows  :  For  the  support,  comfort,  and  eflS- 
tioncy  of  State  troops,  it  called  into  active  service  ;  for  the  purchase  of  arms 


I 


53 

aiid  muiiitiou^  of  war  of  all  kimls,  that  may  be  necessary  and  proper;  fm*  the 
mauufncturo  of  snoli  arms  ami  numitions,  and  thi'  jnirchasi",  in  any  market,  of 
materials  tlierefor  ;  fur  ]irocnriiip^  necessary  armories  and  other  places  for 
storing  nnblie  military  property  ;  for  preservation,  care,  and  use  of  such  ])ro- 
pcrty  ;  tor  stationary  works  of  defense,  and  nautical  vessels  and  instrunu^uts, 
if  uecessai"y ;  for  the  nce^?ssary  maintenanee  of  troops  alonj;  the  interior  fron- 
tier under  the  law  for  its  defense  ;  and  for  all  necessary  and  pro))er  incidents 
of  the  forei^oinf;'  military  purposes.  And  for  the  purposes  aforesaid,  tui  em- 
braced in  tlie  fore'joing'  peneral  ajjprojniation,  the  specie  currency  and  Confcil- 
crate  Trea^ury  Nuti's,  which  m;iy  come  into  the  treasury  from  all  sources,  ex- 
cept specific  taxes  and  sp.'ciil  school  funds,  shall  be  spi'citically  used  ;  and 
such  funds  shall  not  be  used  for  any  other  purpose,  unless  otherwise  jn'ovided 
by  law.  Provided,  that  there  shall  be  excepted  from  said  specilic  funds  the 
followino;'  amounts,  for  the  rcsjiective  purposes  connected  therewith  :  twenty- 
five  thousand  dollars  for  defrayiupf  the  current  expenses  of  the  Lun.-itic  Asy- 
lum and  the  Institutions  for  educating:  the  IJlind,  Deaf,  and  Dumb,  without 
includin<r  in  this  mod,'  of  payment,  the  salaries  of  the  ofliciM's  of  said  estab- 
lishments ;  tiiree  thousand  dollars  for  payment  of  the  postag-e  of  the  Kxecu- 
tivo  and  other  departments;  twelve  hundred  dollars  for  obtaiuinty  blanks  for 
Treasury  Warrants;  and  these  amounts  are  hereby  specially  reserved  for  said 
objects,  resjiectively,  and  s]iecitic  appropriations  therefor,  or  so  much  of  each 
amount  as  may  be  necessary  for  its  particular  object  as  aforesaid. 

Skc.  2.     This  act  shall  be  in  force  from  its  passage. 

Approved,  January  14th,  18G2. 

CHAPTER   LXXVII. 

AN  ACT  supplementnl  to  "  An  Act  to  provide  for  tiutUting  and  sritUns;  all  claims 
against  the  Statf  on  account  of  J'oltintftr  Companifs,  called  out  hy  the  Gorernor 
or  Committee  of  Safety,  and  for  the  defence  of  the  State,  and  providing  puymtat 
for  the  officers  and  men  thereof   approved  January  Ath,  18G'2. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That,  the 
Governor  is  authorized  to  take  necessary  measures  for  proper  jireseutation  to 
the  Confederate  Government  of  the  claims  of  this  State,  includinfj  tiie  a]ipro- 
priale  vouchers  and  accounts,  atjainstthat  p-overnment,  to  be  prepared  umler 
the  act  to  which  this  is  supplemental,  and  for  receivinuj  from  that  (j'ox-ernment 
such  payments  or  obligations  for  payment  as  it  may  be  prepared  to  make  or 
give ;  and  for  placinfc  such  receipts  in  tho  Treasury,  exce|)t  as  may  be 
otherwise  provided  hy  law  ;  and  that  one  tlumsand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be  appropriated  to  defray  the  expenses  of  said  business, 
to  be  ]>aid  out  of  any  money  in  the  Treasury,  not  otherwise  ajiproiiriatcd ; 
and  tills  act  shall  be  in  force  from  its  passage. 

Approved,  Jantiary  14tli,  lS(>'i. 


CHAPTER  LXXVIII. 
AA'  ACT  for  the  relief  of  the  Pre-emption  Settlers. 

Section  1 .  Be  it  enacted  hy  the.  legislature  of  the  Slate  of  Texas,  That  no 
pre-eniptor  who  has  entered  into  the  service  of  this  State,  or  tho  Confederate 
States,  a.s  a  soldier,  shall  by  his  absence  in  Rai<l  service  forfeit  any  ri;rht  now 
eeonred  to  him,  under  tho  pre-emption  laws  of  this  State,  but  he  shall  have 
the  same  time  to  ji.^rfect  his  title  after  such  service  expires,  a-s  is  now  required 
by  law. 

Sec.  2.  That  in  case  of  death  of  any  such  prc-emptor,  while  in  said  ser- 
vice, his  lieirs  shall  have  the  same  tim-  to  jnHect  tlic  title  to  such  land  SM 
now  allowed  to  prc-emptors  under  existiuy  laws. 

Sr.c.  3.     That  this  act  take  effect  and  be  in  force  from  and  after  its  paasngo. 

Approved  January  14th,  le!G2. 


54 

CHAPTER  LXXIX. 

AN  ACT  requiring  the  Comptroller  to  rent  out  certain  Public  Buildings  and  other 

houses  in  the  City  of  Austin,  belonging  to  the  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Comptroller  of  Public  Accounts,  be  and  he  is  required  to  take  charge 
of  and  rent  out  any  and  all  houses,  iu  the  City  of  Austin,  situate  upon  any 
lot,  or  lots  belonging'  to  the  State,  and  not  occupied  for  State  piirposes,  to  the 
highest  bidder,  for  such  length  of  time  as  he  may  direct,  and  on  a  credit  not 
to  exceed  twelve  months  from  the  date  of  such  renting,  taking  notes  with 
approved  personal  security  therefor. 

Sec.  2.  That  the  Comptroller  is  further  required  to  rent  out  in  like  manner 
the  rooms  iu  the  old  Land  Ofitice  building,  not  occupied  by  any  State  officer 
for  whom  the  State  furnishes  an  office  ;  Provided  the  use  and  occupation  of 
said  rooms  shall  not  at  any  time  interfere  with  or  prevent  the  use  of  the  same, 
by  any  officer  or  committee  of  any  regular  or  extra  session  of  the  State  Leg- 
islature. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  ]3th,  1862. 

CHAPTER  LXXX. 

AN  ACT  supplemental  to,  and  amendatory  of  An  Act  to  provide  for  the  appoint- 

mcnt  of  Patrols,  and  to  prescribe,   their  duties    and  powers,  approved    May  9th, 

1846,  and  to  repeal  section  ten  of  said  act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  the 
county  court  of  every  county  shall,  at  each  regular  term,  appoint  a  patrol  de- 
tachment, to  consist  of  one  captain  and  not  less  than  five,  nor  more  than 
twenty  privates,  for  each  or  any  district,  or  company  division  in  the  county, 
whose  term  of  service  shall  be  thice  months  from  the  time  of  their  appoint- 
ment, provided  that  one-half  of  the  patrol  appointed  shall  be  owners  of  slaves 
■ox  their  substitutes. 

Sec.  2.  The  county  court  shall,  at  the  time  of  appointing  said  detacliment, 
•divide  and  lay  off  each  civil  district  inio  as  many  patrol  districts  as  they  may 
-think  expedient  and  proper,  for  the  efficient  execution  of  the  patrol  law,  and 
shall  make  such  rules  and  regulations,  not  inconsistent  with  the  laws  of  the 
-State,  for  the  government  of  such  detachments  as  they  deem  proper. 

Sec.  3.  The  captain  and  privates  of  each  detachment  shall  be  appointed 
from  among  the  citizens  of  the  division  or  district,  and  shall  patrol  said  .dis- 
trict at  least  once  a  week,  and  as  much  oftener  as  the  peace  and  quiet  of  the 
community  may  require,  by  visiting  negro  quarters  and  other  places  in  the 
district,  where  it  may  be  suspected  that  slaves  are  improperly  or  unlawfully 
assembled ;  and  it  shall  be  the  duty  of  the  Captain  to  report  any  private  tor 
failure  to  perform  dutj-,  or  obey  orders,  under  this  act,  and  on  failure  of  the 
■captain  so  to  report,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction before  any  Justice  of  the  Peace,  shall  be  fined  not  less  than  one  nor 
Jiiore  than  five  dollars,  for  each  failure  to  report. 

Sec.  4.  "Whenever  a  detachment  or  part  thereof,  shall  find  any  slave  off 
the  plantation,  or  other  premises  of  the  master,  mistress,  or  employer,  stroll- 
ing about  without  a  pass,  or  written  permission,  from  some  one  authorized  to 
give  the  same,  the  said  detachment  or  part  thereof,  may  give  to  such  slave 
any  number  of  lashes  not  exceeding  twenty-five  ;  and  the  pass  or  permit  shall 
be  in  writing,  and  state  the  place  to  which,  or  business  on  which  said  slave  is 
to  go,  and  the  time  of  absence,  and  if  said  slave  is  allowed  to  ride,  the  fact 
must  be  stated,  and  the  slave,  to  avoid  the  punishment  herein,  must  go  some 
^direct  or  usually  traveled  way.  Provided,  that  in  case  the  slave  is  after  med- 
ical aid,  he  may  pass  without  such  written  permit. 

Sec.  5.  That  section  ten  of  said  act  be,  and  the  same  is  hereby  repealed  ; 
and  this  act  take  effect,  and  be  in  force  from  and  after  its  passage. 

Approved  January  13th,  1862. 


CHAPTER  LXXXI. 

.IN  ACT  to  provide  fujids  for  Military  pinponcs. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the 
Governor,  Comptroller,  ami  Treasurer,  shall  constitute  a  military  board  ;  and 
a  majority  of  said  board  shall  liave  the  power  to  provide  for  the  defence  of 
the  State  by  means  of  any  bonds  and  coupons,  which  may  be  in  tlie  Treasury 
on  any  account,  and  may  so  use  such  funds  or  their  jjroceeds,  and  therefor, 
may  sell,  hypotliocate,  or  barter  such  bonds  and  coupons  ;  provided  such  dis- 
posal shall  not  exceed  the  amount  of  one  million  of  dollars  of  such  bonds  and 
coupons  ;  and  that  they  shall  not  be  disposed  of  at  any  discount  greater  than 
twenty  per  cent  of  their  face  amounts. 

Sec.  2.  Any  bonds  which  may  be  disposed  of  under  the  provisions  of  this 
act,  shall  be  substituted  by  equal  amounts  of  any  bonds  of  the  Confederate 
States  of  America,  that  may  be  obtained  by  this  State,  and  the  bonds  so  sub- 
stituted, respectively,  in  all  respects,  shall  be  in  place  of  the  funds  disposed 
of  as  aforesaid. 

Sec.  3.     That  this  act  be  in  force  from  and  after  its  passage. 
Approved,  January  11th,  1862. 


CHAPTER  LXXXII. 

^JV  ACT  supplemental  to  and  amendatory  of  An  Act  making  appropriation  for 
the  support  of  the  State  Gopcrnment  for  the  years  1862  and  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  two  thousand  dollars  per  annum  be  and  the  same  is  hereby  appropri- 
ated to  pay  the  salary  of  the  Superintendent  ot  the  Lunatic  Asylum,  and  the 
sum  of  two  hundred  and  fifty  dollars  be  and  the  same  i.s  hereby  appropriated 
to  pay  the  deficit  in  the  appropriation  for  the  past  two  years  for  the  Blind 
Asylum. 

Sec.  2.     That  this  act  take  effect  from  and  after  its  passage. 
Approved  January  13th,  1862 


CHAPTER   LXXXIII. 

AN  ACT  making  an  appropriation  for  the  mileage  and  per  diem  pay  of  the  mem- 
bers, and  the  per  diem  pay  of  the  officers  of  the  Ninth  Legislature  of  the  State 
of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  seventy-five  thousaud  dollars,  or  so  mucli  thereof  as  may  be  neces- 
sary, be  and  the  same  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  for  the  mileage  and  per  diem  pay  of  the 
members,  and  the  per  diem  pay  of  the  officers  of  the  Ninth  Legislature  of  the 
State  of  Texas. 

Sec.  2.  That  the  certificate  of  the  Secretary  of  the  Senate  and  the  certifi. 
cate  of  the  Chief  Clerk  of  the  House,  shall  be  sufficient  evidence  to  the 
Comptroller,  upon  Avhich  he  shall  audit  the  claims  and  draw  his  warrants 
upon  the  Treasurer  for  tlie  respective  amounts. 

Sec.  3.  That  in  case  there  be  no  funds  in  the  Treasury,  the  Comptroller 
shall  draw  his  warrants  upo7i  the  Treasurer  :  said  warrants  shall  be  receivablo 
lor  taxes  and  other  j)ublic  dues,  as  may  be  provided  by  the  general  law ; 
oue-teuth  of  each  claim  may  be  issued,  if  the  claimant  so  desire  it,  in  one  dol- 
lar warrants.  For  tlie  other  nine-tenths  of  the  claim,  no  warrant  shall  bo 
drawn  of  a  less  denomination  than  five  dollars. 

Sec.  4.     That  this  act  take  eft'ect  from  and  after  its  passage. 

Approved,  January  13th,  1862. 


56 

CHAPTER   LXXXIV. 

AN  ACT  to  provide  for  contingent  services  in  the  Comptroller'' s  Office. 

Section  1.  Be  it  enacted  bij  the  Legislature  of  the  Slate  of  Texas,  That  the- 
Comptroller  is  authorized  to  employ  additional  clerks,  on  extraordinaiy  occa- 
sions, to  dispatch  the  business  of  his  otWce,  as  he  may  consider  necessary; 
provided  the  expense  thereof,  until  the  first  Monday  of  Novemhcr,  one  thou- 
sand eight  hundred  and  sixty-three,  shall  not  exceed  thirty-two  hundred  dol- 
lars; and  that  amount,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  the  purpose  aforesaid,  to  be  paid  out  of  any  money  in  the 
Treasury,  not  otherwise  appropriated ;  and  that  this  act  shall  be  in  force  from 
its  passage. 

Approved  January  14th,  1862. 

CHAPTER  LXXXV. 

AN  ACT  to  punish  speculations  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
if  any  person  shall  fraudulently,  for  lucre  or  gain,  purchase  any  article  of 
clothing,  shoes,  leather,  cloth,  or  any  other  article  of  clothing,  provisions, 
Avlieat,  flour,  corn,  corn  meal,  meat,  hogs,  horses,  cattle,  or  any  other  of  the 
necessaries  of  life  of  any  description,  and  shall  falsely  represent  that  he  or 
they  are  purchasing  such  articles  for  the  soldiers  or  army  of  the  State,  or  of 
the  Confederate  States  of  America,  or  shall  by  any  fraudulent  contrivance 
induce  or  attempt  to  induce  the  vendor  or  donor  to  believe  that  they  are 
purchasing  such  articles  for  the  army  of  the  State  or  Confederate  States  of 
America,  with  an  intent  to  make  a  profit  upon  such  ]nircluisc,  sTich  person  so 
offending  shall  be  guilty  of  felony,  and  upon  conviction  shall  be  punished 
by  confinement  in  the  penitentiary,  at  hard  labor,  for  not  lesB  than  two  or 
more  than  live  years. 

Sec.  2.  That  if  any  Quartermaster  or  Commissary,  or  person  of  the  army 
of  this  State  or  of  the  Confederate  States  of  America,  who  is  authorized  or 
empowered  to  purchase  supplies  of  any  and  every  kind  for  said  army,  shall 
be  directly  or  indirectly  interested  in  the  purchase  of  such  articles,  by  himself, 
or  through  an  agent  or  agents,  for  his  or  their  profits,  or  shall  make  profit  or 
gain  by  such  purchase,  beyond  the  fees  or  salaries  allowed  by  law  to  them,  he, 
or  they,  so  otfcndiug  sliall  be  guilty  of  a  felony,  and  shall  be  punished  by 
confinement  in  the  penitentiary,  at  hard  labor,  for  not  less  than  two  nor  more 
than  ten  years  ' 

Sec.  3.  Tliis  act  shall  remain  in  force  until  the  end  of  the  present  war 
between  the  Confederate  States  and  the  United  States  ;  but  the  termination  of 
such  war  shall  not  abate  any  prosecution  then  pending  under  this  act,  nor 
shall  it  be  a  bar  to  the  prosecution  of  any  violation  of  this  act  that  may  have 
been  committed  during  the  aforesaid  war. 

Approved  January  13th,  1SG2. 


Cn.lPTER  LXXXVI. 

AN  ACT  supplementary  to  an  Act,  niakitig  an  appropriation  to  jniy  the  contin- 
gent expenses  of  the  Ninth  Legislature,  approved  the  [)th  day  December,  1861. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  further  sum  of  fifteen  hundred  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated  out  of  any  money  in  the  Treasury,  not  otherwise 
appropriated,  to  paj'  the  contingent  expenses  of  the  Ninth  Legislature. 

Sec.  2.  If  there  is  not  suiiicient  specie  in  the  Treasury  of  the  State  of 
Texas,  to  satisfy  the  contingent  fund  appropriated  by  the  act,  to  which  this 
is  a  supplement,  and  the  appropriation  herein  made  for  that  purpose,  not  oth- 
envise  appropriated,  then  the  Treasurer  is  authorized  to  pay  any  drafts  drawn 
against  such  contingent  fund,  out  of  the  specie  in  the  Treasury  belonging  to 


57 

;he  University  land  sale,  or  out  of  tlio  fund  bolonginpj  to  escheated  property,, 
ifter  the  fund  bolonf^ing  to  the  University  Land  Sale  may  have  been  ex- 
lausted.to  supply  such  deficiency;  which  money  so  used  shall  be  replaced  by 
;he  Treasurer  to  these  respective  funds,  out  of  any  money  coming  into  the 
Freasury,  not  otherwise  ap])ropriated. 

Sec  3.     Tliis  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Passed  January  9th,  18G2. 

CHAPTER   LXXXVII. 

AN  AC  T  to  fix  the  salaries  of  the  officers  and  clerks  therein  named. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  the 
(alary  of  the  Governor's  private  secretary  shall  bo  nine  hundred  dollars  per 
innum. 

Skc.  2.  The  salary  of  the  Spanish  Clerk  of  the  General  Land  Office  shall 
30  twelve  hundred  dollars  i)er  annum.  That  the  salary  of  the  jirincipal  Drafts- 
nan  shall  be  twelve  hundred  dollars  per  aininni.  That  the  salaries  of  the 
;hree  assistant  Draftsmen  shall  bo  eleven  hundred  dollars  each  per  annum, 
rhat  the  salaries  of  six  2d  assistant  Drat'tsnum  shall  be  ene  thousand  dollars 
>ach  per  annum,  and  no  more  Draftsmen  shall  be  employed  than  those  named 
vbove.  The  salaries  of  twelve  assistant  Clerks  shall  be  nine  hundred  dollars 
jach  per  annum,  and  no  more  assistant  clerks  shall  be  employed  than  those 
Qamed  abo\'e. 

Sec.  3.  That  the  salary  of  the  Clerk  of  the  State  Department  shall  be  four- 
teen hundred  dollars  jier  annum. 

Sec.  4.  That  the  salaries  of  the  Chief  Tax  Clerk  and  of  the  accountants  in 
the  Comptroller's  Office  shall  be  twelv'e  hundred  dollars  each  per  annum. 

Sec.  5.  That  ail  laws  and  parts  of  laws  conflicting  with  the  provisions  of 
ibis  act  are  hereby  reijealed. 

Sec.  6.     That  this  act  take  effect  and  l)e  in  force,  from  and  after  its  passage. 

Approved,  January  14th,  18G2. 

CHAPTER  LXXXVIII. 

AJV  ACT  supplemental  and  amendatory  of  an  Act  entitled  "  A)i  Act  prescribing 

the  manner  of  authenticating  instruments  for  record,'''  approved  April  6th,  18(31. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
the  first  section  of  the  above  recited  act  be  amended  so  that  the  same  shall 
liereafter  read  as  follows  : 

"Section  1.  That  the  proof  of  every  instrument  ol  writiui^,  for  record, 
shall  be  taken  by  some  one  of  the  following  officers  :  First,  when  acknowl- 
sdged  or  i)roven  within  lh<?  Static  b<?fore  some  Notary  Public,  Clerk  of  the 
Dounty  Court,  or  his  deputy,  or  Judge  of  a  Court  of  Record  ;  second,  when 
icknowledgcd  or  proven  without  this  State  and  within  the  Confederate  States 
9f  America,  or  their  Territories,  or  the  United  States  of  America,  or  their  Ter- 
ritories, before  some  Judge  of  a  Court  of  Record  having  a  seal ;  third,  when 
acknowledged  or  proven  without  the  Confederate  States  or  United  States, 
before  some  public  minister,  Charge  d'  Affaires,  or  Consul  of  the  Contcderato 
Stat(>s ;  and  in  all  cases  the  certificate  of  such  acknowledgement,  or  proof, 
shall  be  attested  under  the  official  seal  of  the  officer  taking  the  same;  that 
when  any  deed,  transfer,  or  other  instrument  of  writing  executed  by  the 
pi'esident  of  any  railroad  company  which  has  been  (u-  may  be  incor|)oratcd  by 
the  laws  of  this  State,  shall  be  attested  by  the  seal  of  said  company,  it  shall  be 
considered  sufficiently  authenticated  to  authorize  the  Clerk  of  the  County 
Court  to  record  the  same." 

Sec.  2.  That  all  acts  of  de])uties  of  County  Clerks  in  taking  acknowledge- 
ments or  proofs  of  instruments  of  writing  for  record,  since  the  passage  of  the 
act  hereby  amended,  an*  hereby  confirmed  and  declared  valid. 

Sec.  3.     That  this  act  be  in  force  from  and  after  its  passage. 

Approved  January  14th,  1862. 


JOINT  RESOLUTIONS. 


CIIAPTEK  I. 


JOINT  RESOLUTION  authorizing  the  Governor  to   appoint  Agents,  to  receive 

and  forirard  clothinn,  blankets  and  other  ncrcssaricg,  cuntributrd  by  our  citizens, 
for  the  Soldiers  of  Texas:  and  to  prescribe  their  duties. 

Section  1.  Be  it  resolred  bi/  the  Legislature  of  the  State  of  Texas,  That 
the  Governiir  of  thv  State  is  hereby  reijiiircd  to  commission  as  many  compe- 
tent persons  as  he  may  deem  expedient,  snbject  to  removal  V>y  the  Governor 
for  failing  to  perform  the  servici'  conteTnjdated  in  this  joint  rcsolntion ;  to 
receive  and  forward  sneli  artich's  of  clothing-,  lilankets  and  other  necessaries, 
contribnted  by  the  citizens,  for  our  brave  soldiers  durintj  the  present  war  ; 
which  said  Agents  are  expected  to  perform  said  service  without  charge  to  the 
State. 

Sec.  2.  Said  Agents  shall  keep  a  list  of  all  articles  subscribed,  or  delivered 
to  them,  with  the  names  of  the  parties  donating,  and  for  whose  particular 
benetitthe  same  are  contributed  :  and  shall  also  keep  a  list  of  all  articles  for- 
warded, and  take  n-ceipts  for  said  articles,  from  such  persons  to  Avhom  they 
may  under  the  instructions  from  the  Governor,  or  of  the  proper  Department 
of  the  Confederate  Government,  deliver  the  same  for  transportation. 

Sec.  3.  That  the  Governor  is  required  to  furnish  said  Agents  with  instruc- 
tions, and  supply  such  deficiency  in  the  arrangement  made  by  the  Confed- 
erate Government,  or  means  if  necessary,  as  may  be  necessary  to  ensure  the 
safe  transportation  of  the  articles  to  their  destination.  And  that  the  Agents 
report  their  transactions  from  time  to  time,  to  the  Adjutant  General  ot  this 
State. 

Sec.  4.  That  this  joint  resolution  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  November '23d,  ISGl. 

CHAPTER  II. 

JOINT  HLSOLl  TION  mahin<r  an  appropriation  for  the  Mileage  and  per  diem 

pay  of  the  Presidential  Electors  for  the  year  18(>1. 

Section  1.  Resolved  by  the  Legislature  of  the  State  of  Teras,  That  the  Comp- 
troller be  required  to  issue  to  each  t)f  the  Presidential  Electors  a  draft  or 
drafts  on  the  Assessors  and  Collectors  of  their  respective  counties,  for  their 
mileage  and  per  diem. 

Sec.  2.  That  the  sum  of  one  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated,  and  this  act  take  eft'eet  and  bo  in  force, 
from  and  after  its  pas.sage. 

Approved   bccember  7th,  1861. 


60 

CHAPTER  III. 
inrNT  RFSOLUTION  in  relation  to  the  suspension  of  the  Custom   Houses  on 

the  sea  coast  and  on  the  Rio  Grande  Frontier,  in  the  Confederate  States  dunng 

the  blockade 

WHEREAS,  The  existence  of  the  blockade  anrlthe  small  ""^""''J  .^^'r^oT^l! 
arising  from  customs  in  consequence,  and  the  necessity  of  permi  ting  foie.gn 
veiels  tXing  merchandise  tL  our  shores  free  of  duty,  being  ot  paramount 

"Tlfw^Stf'L^is^^.ure  of  the  State  of  Te.as,  That  our  repres^ 
lives  be  requested  to  use"  their  influence  in  the  Provisiona^  Congress,  o  have 
all  the  Cus\om  Houses  along  the  seaboard  and  on  the  ^lo  Grande  fontiei 
suspended  during  the  blockade,  or  until  our  por  s  are  opened  to  the  trade  ot 
nations  that  may  have  intercourse  with  this  Contcderacy. 

Te    tf.rthcr^Resotced,  That  the  Governor  be   instructed  to  ^^^^-J^W 
of  the  above  preamble  and  resolution  forwarded  to  our  Representatives    in 
Congress. 
Approved,  December  SUh,  1861. 


CHAPTER  IV. 
JOINT  RESOL  U TJON. 

Resolred  by  the  Lesistature  of  the  State  of  ^''f'»;.Tl'at>^clng-hly  approve  of 
the  promptiuss  with  which  the  President  of  the  Confederate  Sta  os  has  made 
prej  anvtion  to  retaliate  in  theevent  that  tl.e^.iucolnCiovernm.n  should  exe- 
cute as  pirates,  any  or  all  the  crew  of  tl..' privateer  feavanuah,  an  Uvo  cxprcbs 
the  deckled  opinion  that  retaliation  should  be  strictly  and  rigidly  practiced 
by  our  Government  in  all  such  cases.  rf>an\n 

\icsolced,  That  the  Governor  of  this  Htate,  ^r'^"^""\\';^  ^^P^  J^^J-Ytrfo  e 
tiou  to  our  members  in  the  Coafederato  Congress,  and  that  they  lay  it  before 

President  Davis. 

Approved  December 'Jth,  1861. 


CHAPTER  V. 

J0I\2'  RESOIA'TIOy  proposing  an  amnid.ntnt  to  the  State  Constilution, 

Be  it  resulted  bu  the   Lt'nslalure  of  the  Sl,:te  of  Texas,  That  the   M   section 

oflLlUth  ."tick  if  the  Constitution  of  the  State  shall  be  «o  amended  as  to 

'■' S^KCxfoN^ir'  tlVpublic  lands  which  have  been  heretofore  or  may  liereafter 
be  granted  L  pliVlic  Schools,  to  the  various  countie.  in  this  State  may  W 
sold  bv  the  Cointy  Courts  of  each  county  to  which  the  lands  belong,  oiy 
luX  tnbunals  as  mav  succeed  to  their  jurisdiction,  by  co3isent  ot  a  -yority 
of  the  le-al  voters  in  said  counties,  and  under  such  general  rules  as  the  Leg  s- 
lature  may  from  time  to  time  prescribe ;  ;,ron^«/,  '^-t  the  pr.^ceeds  of  1'^ 
sale  of  such  lands  shall  be  retained  and  invested  as  a  permanent  bchool  1  und, 
for  the  counties  owning  the  same. 
Approved  December  11th,  It^tjl. 

CHAPTER   VI. 

TniKTT  T}F<inT  IJTIOJ^'  reamstin"  our   Senators  and   Rfprtsentatires  ui   Con 
'''g?Jst:proe^.r^^^^^^  an  act  to  pay  Deputy  Marshals  the  balance  dru 

Uieinfor  taking  the  Census. 

SECTION  1.     Be  it  resolred  by  the  Legislature  of  the  f  «;%"/„^;7*^Ji'^'^^,3^ 
Senators  and  Representatives  in  Congress  are  |;«;H";«ted  to  u. ge  the^pa^^^^ 
nf  an  let  to  nav  to  all  Deputv  Marshals  in  the  State  ot   lexas  the  balance  uu 
Im  ftw  t^^^iovermnLt'of  the  United  State.,  for  services  rendered  b^ 


61 

them  in  takiugr  the  census  for  the  year  1860,  nndcr  the  provisions  of  the  laws 
of  the  United  States. 

8ec.  2.     That  this  joint  resolution  take  effect  from  and  after  its  passage. 

Approved  January  9th,  1862. 

CHArTEK  VII. 

JOINT  RESOLVTION  to  authorize  and  require  the  Adjutant  General  to  collect 

the  ncceasnry  information  to  make  a  register  of  the  State  troops,  and  hore  printed 

500  copies  of  the  same. 

Section  1.  Be  it  resohcd  htj  the  Legislature  of  the  State  of  Texas,  That  the 
Adjutant  fjcneral  be,  and  he  is  herohy  autljorizcd  and  required,  to  collect  such 
information  as  may  be  necessary  to  make  a  register  of  all  State  trooj)s  that 
have  been  or  may  hereafter  bo  called  into  the  service  of  the  State,  or  Confed- 
erate States,  during  the  war,  and  have  printed  in  pamphlet  form  .500  copies  of 
the  same  for  distribution ;  provided,  that  the  Adjutant  General  shall  procure 
said  printing  to  be  done  bj'  the  paper  that  will  do  the  same  for  the  least 
amount  of  money. 

Sec.  2.  The  sum  of  three  hundred  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  approjiriatod  out  of  any  money  in  the  Treasury  not  other- 
wise api)ropriated,  to  carry  tliis  resolution  into  effect. 

Sec.  3.  This  joint  resolution  shall  take  effect  and  be  in  force  from  its  pas- 
sage. ^ 

Approved  January  10th,  1862. 

CIIAl'TEK  VIII. 

JOINT  RESOLVTIO.Y  authorizing  the  Governor  to  appoint  an  agent  to  take 
possession  of  the  Salt  Lake  kuotcn  as  'El  Sol  dil  Hey,'  find  to  pay  orcr  the  revenues 

arising  therefrom  to  the  State. 

JJhereas,  a  valuable  Salt  Lake  exists  in  Hidaijjo  county,  known  as  "El  Sol 
del  Key,"  whicli  was  reserved  as  llie  jiroperty  of  the  crowii  of  Spain,  the  title 
to  whicii  became  vested  in  the  State  of  Texas,  which  title,  inasmuch  as  said 
lake  could  not  be  lawfully  patented,  could  not  be  lost  by  jtrescription ;  and 
whereas,  it  is  desirable  to  secure  the  revenues  of  the  said  lake  for  the  State, 
and  at  the  same  time  supply  the  people  with  salt  at  a  reasonable  rate,  there- 
fore— 

Section  1.  Beit  resolved  by  the  Legislature  of  the  Slate  of  Texas,  That  by 
this  joint  resolution,  which  is  to  take  etVect  from  and  after  its  passage,  the 
Governor  is  authorized  and  reijuired  to  appoint  an  agent  whose  duty  it  shall 
be  to  take  ami  hold  possession  of  tho  salt  lake  mentioned  in  the  jjreamble 
hereof,  iu  behalf  of  the  State  of  Texas,  and  to  collect  and  pay  over  the  reven- 
ues arising  therefrom  into  the  Treasury  of  the  State. 

Sec.  2.  That  said  agent  shall  sell  the  salt  at  the  customary  rates,  except 
so  fiir  as  he  uiay  be  empowered  to  alter  the  price  by  express  written  instruc- 
tions from  the  Governor. 

Sec.  3.  That  said  agent  shall,  before  entering  upon  his  agcu'v,  execute  a 
bond,  (to  be  approved  by  and  lodged  with  the  Comptroller,)  with  good  and 
sufficient  sureties,  in  the  penalty  of  ten-tliousand  dollars,  for  the  faithful  per- 
formance of  his  duties ;  and  the  said  agent  shall  receive  a  salary  of  not  less 
than  one  thousand  nor  more  than  tw.'lve  hundred  dollars  per  annum,  at  the 
discretion  of  the  Governor,  for  his  services,  which  payment  of  salary  shall  be 
conditioned  that  it  be  paid  out  of  such  money  as  the  agent  may  receive  from 
the  sale  of  the  salt ;  and  the  agent  is  hereby  required  to  make  reports  to  the 
Comptroller  by  the  1st  day  of  .July  in  each  year,  and  at  such  other  times  as 
the  Governor  may  direct,  of  his  jirocecdings  as  such  agent,  and  jiay  over  at 
such  times  to  the  Comptroller,  such  money  as  he  may  have  on  hand;  and  he 
shall  be  allowed  in  addition  to  his  salary  such  mileage  as  is  allowed  to  Asses- 
.sors  and  Collectors  of  taxes  for  going  to  and  returning  from  the  capital. 


62 

Sec.  4.  That  taid  agent  shall  hold  his  appointinout  for  two  years,  at  the 
pleasure  of  the  Governor,  and  until  his  successor  shall  be  appointed. 

Sec.  5.  That  the  Governor  is  hereby  authorized  and  enipowend  to  instruct 
the  Sheriff  of  Ilidalf^o  county,  or  some  other  person  to  be  appointed  by  him, 
to  place  the  said  agent  in  j)ossession  of  the  said  salt  lake,  and  he  is  hcn^by 
further  empowered  to  detail  a  sufficient  number  of  the  militia,  or  of  such 
troojis  as  may  be  in  the  service  of  the  State,  as  may  be  necessary  to  maintain 
the  said  agent  in  the  possession  thereof. 

Sec.  G.  That  in  case  any  person  or  persons  shall  claim  to  have  title  to  said 
salt  lake,  such  person  or  persons  shall  have  the  jirivilege  of  suein<j  the  State 
at  any  time  within  one  year  from  and  after  the  taking  possession  of  tlie  same  ]<} 
the  State,  and  not  thereafter,  in  the  District  Court  having  jurisdiction  of  tin 
same;  jjrovided.that  such  person  or  persons  shall, in  their  petition,  set  forth  clear- 
ly and  fully  how  the  title  claimdl  originated,  and  \u>\\  it  is  deiived,  tiling  with  it 
cerliiied  copies  of  each  of  the  title  papers  intended  to  be  adduced  and  relied 
on  at  the  trial;  and  ])rovided  further,  (hat  service  of  certified  copies  of  such 
petition,  and  copies  of  such  title  jjapers  upon  the  Attorney  General  shall  be 
held  to  be  sufticient  servici-  upon  the  State. 

Ajiproved,  January  10,  18G2. 

ClIAl'TKK  IX. 
JOINT  RESOLUTIOX  in  rdnlion  to  Public  Printing  for  the  Ninth  Legislature. 

Be  it  licsolvcd  by  the  Ltgislaturc  vf  the  Slate  of  Tezns,  That  the  Secretary  of 
State,  Com|)troller,  and  'JreasuriT.  or  a  majority  of  them,  be  re(|uire(l  to  pro- 
ceed immediately  after  the  adjournment  of  tiie  Ninth  Legislature  to  contract 
for  the  rublic  Printing  as  nearly  us  may  be  in  acciudaiue  with  existing  laws  ; 
and  that  this  resolution  lake  eH'ect,  from  and  after  its  jiassage. 

Approved  January  J 4th,  li?(Jti. 


CHAPTER    X. 
JOINT  HKStH.l  TlON  proridtng  for  the  sale  of  Oldham  and  While's  Digest. 

SkcTIOX  1.  he  it  tnartid  by  the  Legislature  of  the  State  of  Teias,  I'liat  it 
shall  be  the  duty  of  thi-  Secretary  of  State,  after  advertisenii'nt  in  not  less  than 
three  newspapers  in  the  State,  to  sell  the  copies  of  Oldham  and  White's  Digest 
now  in  his  office  belt'nging  to  tlie  State,  at  such  prices  as  he  may  deem  pro- 
per, but  in  no  event  at  less  than  the  original  c<jst  per  vidume,  including  the 
expense  of  sale.  Provided,  however,  that  the  Secretary  of  State  shall  reserve 
from  sale  a  sufficient  number  of  said  Digests  to  supply  the  various  officers  of 
the  State  as  reijuired  by  law. 

Sec.  2.  The  Secretary  of  State  shall  pay  into  the  State  Treasury  fjuarterly, 
the  proceeds  arising  from  the  sale  of  said  digests  ;  and  this  resolution  shall  be 
in  force  from  and  alter  its  jiassage. 

Approved  January  PUh,  18G2.  » 


CHAPTER  XI. 
JOL\T  liESOLUTION. 

Whereas,  a  crisis  has  an ived  which  involves  the  civilization,  institutions, 
political  and  social  rights  of  the  people  of  Texas,  making  it  proper  and  expe- 
dient that  the  Representatives  in  the  Legislature  should,  in  the  most  solemn 
manner,  declare  to  her  sister  States,  composing  the  Confederate  States  of 
America,  and  to  the  world,  her  settled  conviction  of  the  wanton  injustice  of 
the  war  now  waged  against  them  by  the  Northern  States,  and  of  her  unfalter- 
ing determination  to  co-operate  with  her  sister  States  in  prosectiting  the  war 
to  a  triumphant  termination  by  all  means,  and  at  all  hazards.  And,  whereas, 
it  is  a  historical  fact,  known  to  the  nations  of  Kurope,  that  the  independence 
of  the  thirteen  original  Colonies  was  separattiv  acknowledged,  and  that  these 


63 

iJistinct  sovereignties  formed  a  voluntary  union,  under  the  name  and  style  of 
the  United  States  of  America ;  while  it  is  a  fact  known  to  tlie  people  of  the 
United  States,  that  these  sovereign  States  never  did  merge  their  sovereif^nty 
into  the  Government  of  the  United  States,  but  that  they  only  delejrated  to  it 
certain  expressed,  limited  and  specific  powers,  Avhile  they  reservsd  to  them- 
selves the  exercise  of  all  other  powers,  not  so  delegated,  and  lest  it  should  be 
inferred  that  they  had  parted  with  their  sovereignty,  several  States,  and  Vir- 
ginia among  the  number,  did,  along  with  tiie  act  of  entering  the  Union,  de- 
clare tl cir  rightof  withdrawal,  and  notwithstanding  those  decisive  facts  the 
right  is  denied  us,  and  the  amazing  spectacle  is  presented  to  the  ivorld  of  the 
attempt  to  ignore  the  sovereignty  and  rights  of  thirteen  States,  and  by  war  to 
subjugate  and  hold  in  vassalage  ](l,<l(l(i,0(l()  of  ])eople.  thus  seeking  to  over- 
throw the  fundamental  principles  which  underlie  the  theory  of  our  Govern- 
ment, and  upon  which  the  whole  system  rests — and  in  the  destruction  of  which 
there  is  inseparably  joined  the  submission  and  overthrow  of  Ilepublicanism  ; 
and,  whereas,  we  declare,  that  for  the  sake  of  the  Union  such  as  was  be- 
queathed to  us  by  a  common  ancestry,  we  have  for  long  years  submitted  to 
(uiormous  taxation,  and  to  a  monopoly  of  the  coasting  and  fishing  bounties. 
But  not  content  with  this  odious  system  of  material  robbery,  they  have 
sought  to  rob  us  of  our  just  rejtutation  abroad.  And  not  only  so,  but  through 
misrepresentation  we  are  regarded  as  the  destroyers  of  the  Union,  and  thera- 
eelves  as  politically  striving  to  preserve  it,  when  in  fact  they  have  long  since 
destroyed  it,  all  but  in  name,  and  are  to-day  the  willing  siiltjects  of  a  coarse 
and  vulgar  despotism.  But  notwithstanding  all  this,  it  was  not  until  they  de- 
nied us  equality  in  the  Union,  and  had  succeeded  by  a  sectional  issue  in 
placing  in  ])0wer  a  President,  and  in  the  halls  of  Ccmgress  a  majority,  pledged 
to  carry  out  these  measures,  that  the  people  of  the  South  rose  up  in  their  ma- 
jesty and  accepted  the  issue  of  war  rather  than  submit  to  the  disgr.ace  of  social 
and  political  inequality.  For  many  years  they  have  been  engaged  in  making 
a  moral  war  ujion  us,  and  now  after  thus  assailing  us  and  our  institutions,  they 
have  actually  invaded  our  territory,  with  lire  and  sword,  proclaiming  in  ad- 
vance the  confiscation  of  our  proi>erty,  the  appropriation  of  our  liomesteads, 
and  if  possible,  by  ijieans  of  servile  insurrection,  to  shed  the  blood  of  help- 
less infancy  and  ago,  having  already  jn'aeticed  outrages  upon  defenceless 
women  too  horrible  for  utterance.  And  whereas,  we  now  solemnly  declare 
that  there  is  no  common  bond  of  union  between  the  North  and  South,  and 
ftirther,  that  tlu^re  is  no  homogeneity  either  in  moral  or  religious  sentiment  or 
pursuits.  And  whereas,  we  hereby  congratulate  our  sister  Confederate  States 
upon  the  wisdom  of  our  rulers,  the  skill  of  our  Generals,  the  valor  of  our 
soldiers  and  the  general  success  of  our  cause,  and  assure  them  that  the  peo- 
ple of  Texa.s  ai'e  even  more  than  ever  ])repared  to  devote  their  entire  and 
united  energies  to  the  successful  prosecution  of  this  war,  whatever  propor- 
tions it  may  assume  or  whatever  sacrifices  it  may  demand.     Therefore, 

liesolred,  1st,  That  the  people  of  Texas  do  hereby  assure  her  sister  Confed- 
erate States  and  the  world  that  she  stands  ready  with  heart  and  hand  to 
resist  our  invaders  until  their  last  soldier  is  driven  from  our  borders,  and 
until  we  shall  conquer  an  honorable  and  glorious  peace. 

2d.  That  we  reiterate  the  declaration  that  the  States  which  composed  the 
United  States  did  not  merge  1:heir  sovereignty  into  that  Government,  but 
that  they  entered  into  a  voluntary  compact,  and  that  they  had  the  right  of 
their  own  volition  to  withdraw,  and  that  the  attempt  by  fire  and  sword  to 
compel  them  to  remain  in  the  Union,  would,  if  successful,  blot  out  the 
sovereigntv  and  existence  of  the  stJteded  States,  and  place  in  vassalage 
10,000,000  of  free  people. 

3d.  That  the  Southern  States  have,  in  the  extreme  patience  with  which 
they  have  submitted  to  oppressive  legislation,  given  indubitable  evidence  of 
their  love  for  the  Union  framed  by  our  fatliers. 

4th.  That  the  pretensions  of  jiatriotism  on  the  part  of  the  North,  in  waging 
a  war  for  the  Union,  is  an  enormous  falsehood,  and   that  their  sole  object  in 


64 

its  preservation,  is  that  they  may  continue  to  plunder  the  South,  and  retain 
the  power  to  render  us  the  victims  of  their  avarice. 

Fith.  That  the  proximate  cause  of  the  dissolution  of  the  Union  ^vas  that 
the  North  had  the  ])()wcr  and  had  avowed  the  determination  to  deprive  the 
South  of  social  and  political  etmality. 

6th.  That  wt;  hold  them  up  hcfore  the  world,  with  all  their  pn'tensions  to 
superior  civilization,  as  wajrinfj  a  war  so  barbarous  as  to  be  iinknown  to  tho 
warfare  of  civilized  nations,  and  such  as  is  disj^raccful  to  the  era  in  which 
they  live. 

7th.  That  we  utterly  disclaim  all  affinity,  all  brotherhood  with  them,  and 
that  we  rejoice  that  we  have  escaped  the  contaminatin<»  influence  of  their 
base  fanaticism. 

Hth.  That  no  overtures  of  peace  should  be  considered  which  do  not  as  an 
indisjiensable  pre-reqnisite  propose  the  recow^nition  of  the  Independence  of 
these  Confederate  Stati's,  and  tha*  any  otTer  on  the  part  of  the  enemy  to  treat 
of  peace  which  does  not  propose  the  recopnition  of  our  Independi^nce,  in 
advance,  and  to  make  that  recopnition  the  basis  of  nefjotiatioiis,  !.•<  an  insultto 
our  people  and  (rovernment,  ami  .slumld  bes]Hirned  as  such. 

"Jtli.  That  we  have  unlimited  confidence  in  the  wisdom  of  our  President, 
the  skill  of  our  Generals,  the  courape  of  our  soldiers,  and  in  the  final  and 
glorious  tiiuuipliof  our  cause. 

Kith.  That  the  Governor  of  this  State  ho  requested  to  forward  n  copy  of 
these  resolutions  to  each  of  <uir  liepresentutives  in  ('onpress,  and  to  the  (lov- 
ernor  of  each  of  the  Confederate  States,  with  a  requosl  that  they  be  laid  bofore 
their  respective  Legislatures. 

Approved  January  13th,  1862. 


INDEX  TO  THE  GENERAL  LAWS. 


A 

Adjiftant  General.  ^^^'^ 

sale  of  propertj  in  liis  hands, 
returus  of  ol.^cliou  of  brigadier,  made  to, 
rank  of  coloup]  of  cavalrj, 
liow  appointed, 
salary-  of,  and  bond, 
duties  of, 

performs  duties  of  ordnance  officer,   ' 

to  appoint  assistant-quartermaster  and  clerks,  19 

duty  of  as  to  state  arms, 
Agent.  ^^  "'"'''''^  ^  n^pster  of  Texas  troops  in  Confederate  service 

for  transportation  of  clothing, 
for  hospital  fund, 
pay  and  bond, 

governor  authorized  to  appoiiit, 
for  "El  sal  del  Rey," 

A.ID  DE  Camp. 

19 
\.LiEN  Enemies. 

debts  due  to,  how  affected  by  stay  law,  35 

Lppeal.         ^^"f'^^^^^'ate  States  may  be  ]>arties  to  certain  suits  by,  39 


4 

14 

18 
18 
18 
18 
18 


52 
61 

29 
31 

31-32 
59 


38 


Page. 
Appropriations. 

per  diem  and  mileage,  IX  Legislature,  3 

further,  for  per  diem  and  mileage,  IX  Legislature,  55 

expenses  of  adjutant  general's  sale,  4 

for  "  sea  king,"  5 

contingent  expenses  IX  Legislature,  7 

further,  for  contingent  expenses,  IX  Legislature,  56 

for  purcha.se  of  blanks,  &c.,  &c.,  under  military  act,  21 

for  transportation  of  clothing  for  troops,  29 
for  pay   of  companies,   called   out  by  committee  of  safety 

and  Governor,  30 

for  pay  of  commissioners  appointed  by  convention,  30 

for  hospital  fund,  31 

for  arms  and  ammunition,  40 

for  liquidation  of  funded  frontier  debt,  44 

for  support  of  State  Government  for  2  years,  47 

further,  for  the  su])port  of  State  Government  for  2  years,  55 

of  one  million  for  military  purposes,  52 

for  per  diom  and  mileage  of  presidential  electors,  59 


AlUZONA. 

Arms. 


pay  of  commissioner  to,  30 

and  ammunition  to  be  purchased,  41 

of  the  State,  to  be  collected,  52 

Attaciiment. 

writs  of,  to  issue  in  certain  cases,  notwithstanding  stay  law,        5 

Attorneys  and  Coi  nsellors. 

oath  of  changed,  :< 

At  TIIENTICATIOX. 

law  concerning,  amended,  ,    57 

B 

Bail  Hoxu.-. 

not  to  be  foi'feited  In  certain  cases,  7 

Bills  ok  Exchange. 

collection  of  suspended,  •'> 

law  as  to  days  of  grace  on,  amended,  4:{ 

i?LANCo  Colntv. 

boTindaries  of,  changed,  3:5 

Bonds. 

suits  on,  in  certain  case.',  suspended,  5 

military,  issued  b}' county  courts  legalized.  •' 

of  the  State,  to  be  sold,  42 

of  the  United  States,  45 

LiTHASAN  Count V. 

n.ime  ot",  changed.  ''■ 


m. 

Page- 

Bl'ildings,  Public. 

punishment  for  defacing,  51 

certain,  to  be  rented,  54 

c 

Cass  County. 

name  of,  changed,  8 

Census. 

joint  resolution  concerning,  00 

Claims  against  the  State. 

(see  pages  34,  37  and  38,) 
Clerks. 

salary  of  certain,  fixed,  57 

Clothing  for  Volunteers. 

duties  of  agent  defined,  32: 

agents  appointed,  59" 


Colony. 
Companies. 


Fisher  and  Miller's,  sale  of  alternate  sections  in,  authorized,     34. 


of  minute  men,  to  be  disbanded,  9 

concerning  uniformed,  10 
(see  also  State  troops,) 
Commissioners. 

pay  of  to  Arizona  and  elsewhere,  fixed,  30 

of  deeds  for  Indian  nations,  21 
of  General  Land  Office,  duty  of,  as  to  certain  certificates,        43 

Code. 

penal,  amended,  3 

of  criminal  precedure,  amended,  38 

Comptroller. 

to  audit  claims  of  Rio  Grande  troops,  7 

financial  agent  to  make  quarterly  returns  to,  25 
to  audit  claims  of  companies  called  out  by  committee  of 

safety,  etc.  21> 

duties  of,  with  reference  thereto,  30 

agent  for  clothing,  to  report  to,  31 

duty  of,  as  to  unpaid  interest  warrants,  34 

"            funding  in  loan  bonds,  40 

member  of  military  board,  41-55 

duty  of  as  to  negotiating,  &c.,  bonds,  42 

"           funded  frontier  debt,  44" 

authorized  to  employ  extra  clerks,  56 

to  rent  certain  public  Miildings,  54- 

Confederate  State:*. 

laws  of  the,  received  in  evidence,  8 

may  be  a  party  to  certain  suit«,  39 


Page. 
:<}0k»1b1derate  money. 

for  Avhat  receivable,  37 

in  what  manner  to  be  paid  into  treasury,  38 
Constitution. 

proposed  amendment  to,  60 
CouxTiK?. 

McMullen  county,  boundaries  of  defined.  28 

"            "          organization  provided  for,  28 

Kendall  created,  32 

Blanco,  boundaries  of  changed,  33 

Kerr,            "                        "  33 

Cass  and  Buchanan,  names  of  changed,  8 

what  named  iu  frontier  act,  9 

"          act  coiiceruing  estrays,  10 

Live  Oak,  boundaries  of  defined,  25 

County  Court. 

to  make  entry  of  unconditional  c*  rtificates  in  c<Mtuiu  case.-*,        30 

taxes  imposed  by,  for  military  purposes,  li'galizt-d,  6 

COURTH. 

district  to  have  jmisdiction  of  suits  formerly  pending  in  U.  S. 

courts,  25 

manner  of  calling  cases  in  supreme,  changed,  1 1 

iCRIMK.S  and   MlSIlEMKAXOU.*!. 

permitting  diseased  shfcp  to  run  at  large  made  penal,  21 

receiver  of  public  moneys  failing  to  pay  over          "  38 

sedition,  punished,  39 

slave:;!  not  to  be  left  alone  on  farms  or  ranchei,  40 

defacing  public  buildings  made  penal,  51 

certain  speculatiuns                     "  56 

Creuzbai  B,  RonKRT  5 

Custom  Houses. 

joint  resolution  concerning,  .  60 

I) 

Davis. 

name  of  Cass  county  changed  to,  8 

pprT><  OK    TRU.ST. 

how  affected  by  stay  law,  5 
Depositions. 

how  to  be  taken  during  the  war,  45 
Discharges — Soldiers. 

how  to  obtain  triplicate  of,  4 
District  Court. 

to  have  jnrisdiction  in  certain  cases  formerly  pending  la 

Federal  Court,  25 

eflfect  of  stay  law  on,  5 


Pa 
District  Court. 

Confederate  States  may  be  parties  to  suits  in,  39' 

evidence  in  to  be  perpetuated,  41 

time  of  holding  in  Ninth  Judicial,  changed,  4G 

Docket. 

of  Supreme  Court,  how  to  be  called,  11 

Domain,  Public. 

price  of,  changed,  22 

Du.wvER  AND  Endorser. 

law  concerning,  amended.  43 

Duplicate  Warrant.s,  4 

El  sal  del  Rey. 

(see  Salt  Lake.) 
Endorser. 

law  concerning  amended,  43, 

Enrollment. 

of  companies  for  frontier  regiment,  9 

of  State  troops,  12 

Estates  of  Deceased  Persons. 

law  concerning,  amended,  23- 
ESTRAYS. 

certain  act  concerning,  repealed  in  certain  counties,  10 

when  and  where  to  be  sold,  j  f) 

certain  act  concerning,  revived  in  certain  c<.un'acs,  10 

law  concerning,  amended  in  ge:ur.i!,  Stj 


Evidence. 


Fees. 
Felony. 

Ferry. 


laws  of  the  Confedvirafe  Pf.;ite8  to  h?  receiver],  etc.,  8 

may  be  perpetuate  1  durin;,'  tlie  "  .stay  law,"  41 

depositions  may  be  talc-u  .inrln-  ;he  stay  la^,  45 

r 

for  swimming  cattle  at  ferries,  31 . 

appeal,  in  cases  of,  33 

sedition,  punished  as,  39 

certain  speculations,  punished  as,  56 


fees  for  swimming  cattle  at,  '  31 

Financial  Agent. 

to  report  to  Comptroller,  25 

Fisher  and  Miller's  Colony. 

sale  of  alternate  sections  in,  34 

Forfeitures. 

of  bonds,  &c.,  pi-ovided  against  in  certain  case.';,  7 

FoKn,  J.  S. 

troops  under,  to  be  paid,  7 


Page. 
Frontier  REorMENT. 

bow  to  be  raised  and  officered,  9 

wbere  to  be  raised  and  stationed,  9 

bow  to  be  organized,  paid  and  f^overned,  9 


J'kontieu. 
Funding. 


funded  debt,  how  to  be  liquidated. 


in  loan  bonds,  bow  regulated, 
of  frontier  debt, 

a 

Galveston. 

supreme  court  removed  thence  temporarily, 

tGoVERXOK. 

duty  of,  as  to  frontier  regiment. 

conapanies  called  out  by,  to  be  paid, 

member  of  military  board, 

•duty  of,  as  member  of  miiitary  board, 

<luty  of,  as  to  sale  of  State  bonds, 

to  present  certain  State  claims  to  Confederate  government, 

salary  of  private  secretary  to, 

(see  also  State  troops.) 

H 

nKAiiHiGHT  Claims. 

how  to  obtain  triplicates  of, 

entry  to  be  made  by  county  clerk  in  certain  cases, 
llosi'JTAi.. 

appropriation  for, 

how  and  when  to  be  drawn, 

how  much  of  fund  in  specie, 
HUTCUINS,  W.  J. 

and  his  associates, 

I 
Indians. 

commissioners  of  deeds  appointed  for  certain  tribes  of, 

Indian  Fuontikr. 

(see  frontier  regiment.) 
INJINCTION. 

writs  of,  may  issue  notwithstanding  stay  law, 

Interest. 

on  writti-n  contracts  regulated, 

on  open  accounts  " 

Irrigable  Puopertv. 

act  concerning, 

eflfect  of  stay  law  on, 
JmiSDICTION. 

given  to  district  courts  in  certain  cases, 


vn. 

Page. 

K 

Kendall  County. 

(see  counties.) 
Kerr  County. 

(.see  counties.) 

L 

Land  Office. 

papers  of  2cl  and  3d  seal  to  be  withdrawn  from,  36 

duty  of  Commissioner  of  in  certain  cases,  42 

Land,  Public 

price  of,  fixed,  22 

Land  Warrants 

how  to  obtain  triplicates  of,  4 

how  approved,  42 

Lien. 

effect  of  stay  law  on  pre-existing,  6 

Limitation. 

statute  of,  suspended,  40 

LivK  Oak  County. 

(see  counties.) 

Loan. 

funding  in  loan  bonds,  40 

how  to  be  negotiated,  etc.  42 

what  use  to  be  made  of  proceeds,  42 

bonds,  when  payable,  42 

frontier  debt  may  be  liquidated  by,  44 

Lovenskiold,  Chas. 

troops  mustered  out  by,  8 

M 

Mauink. 

no  writ  against  property  of,  6 

Marshal. 

concerning  pay  of  late  U.  S.  60 

McMuLLEN  County. 

(see  counties. 
Military'  Laav. 

(see  State  troops.) 
Military  Board. 

created,  41 

duties  and  powers  of,  41 

Military  Bonds.        ^ 

issued  by  counties,  legalized,  6 

Minute  Men. 

to  be  disbanded,  J9 

Misdemeanors. 

bonds,  etc.,  in  certain  cases,  not  to  be  forfeited,  7 

Mortgages. 

effect  of  stay  law  on,  6 


VIII. 

Page. 

Oath. 

of  attorneys  at  law,  changed,  3 

to  be  iiade  under  stay  law  in  certain  cases,  6 

to  be  taken  by  commissioned  officers  in  State  troops,  15 

Oldham  &  White's  Digest. 

to  be  sold.  62 

P 

Patkol  Laav'. 

amended, 
Pat  of  Rio  Gkande  Troops. 

under  Colonel  Ford, 
Penal  Come. 

article  284  amended 
Penitextiary. 

financial  agent  of,  to  report  quarterly,  25 

Practice. 

cases  in  supreme  court,  how  called,  11 

Pre-emption  Settlers. 

relieved,  35» 

further  relieved,  53 

Printing,  Public. 

act  concerning,  amended,  43 

joint  resolution  concerning,  62 

Promissory  Notes. 

collection  of  suspended,  5 

Pli5i.1i;  Buildings. 

act  concerning,  51 

certain,  to  be  rented,  44 

Pui'Lic  Domain. 

price  of,  fixed,  21 

Q 

Quartermaster. 

assistant,  how  appointed,  19 

salary,  rank,  and  duties  of,  19 

K 

Railroad  Companies. 

time  of  payment  of  interest  on  bonds,  extended,  37 

time  for  performance  of  contract  extended,  44 

further  relief  given,  46. 

Recognisance. 

in  cases  of  misdemeanor. 

Registration  Laws. 
amended. 

Religious  Meetings.  » 

disturbance  of  punished. 


Page. 


IX. 

Retaliation. 

joint  resolntion  concerning,  60 

Rio  Grande  Troops. 

to  be  paid, 


Salary 
.^ALT  Lake, 

Scab. 


S 

of  certain  officers  fixed,  57 

possession  taken  of  by  the  State,  61 

agent  for  appointed  and  duties  defined,  61 


law  concerning  s!\eep  having,  21 
Seaman,  Soldier  and  Marine. 

no  execution  against  the  property  of,  6 
Secession. 

joint  resolution  coneeining,  62 
Sedition. 

act  to  punish,  39 

Sequestration. 

writs  of  may  issue,  notwithstanding  stay  law,  5 
Sheep. 

(see  scab), 

Sinking  Fund. 

act  concerning  investment  of,  repealed,  52 
(Soldiers. 

(see  seaman,  etc.) 
Specie. 

certain  taxes  to  be  paid  in  alone,  37 

Specul.\tions, 

certain,  punished,  56 
St.\te  Troops. 

enrollment  and  organization  of  provided  for,  11—21 

Section  1 — who  liable  to  military  duty,  11 

"       2 — who  exempt  from  military  duty,  11 

"       3 — State  divided  into  33  brigades,  11 

— counties  composing  brigade,  11 

"       4 — State  troops  of  each  district,  how  divided,  12 

— of  what  a  battalion  will  consist,  12 

— of  what  a  regiment  will  consist,  12 

"       5 — what  officers  to  each  company,  12 

"       6 — what  officers  to  each  regiment,  12 

— what  staff  officers  to  each  regiment,  12 

"       7 — of  the  brigadier  general  and  his  staff,  12 

II  "  8 — how  rank  is  to  be  determined,  12 
(t  "  9 — providing  for  a  change  in  the  military  organization,  12 
U  — when  an  electiou  for  brigadier  general  shall  be  held,  12 
i                          "     10 — enrolling  officers,  how  appointed,  and  their  duty,      12 

i                                    — of  the  organization  of  the  militia,  12 


Page. 
State  Troops,  Continued. 

Section  11 — further  of  tbe  enrolling  officer,  and  his  duties,  13 

— of  those  refusing  to  respond  satisfactorily  to  the 
enrolling  officer,  13 

12 — of  the  election  of  colonel,  lieut.  colonel  and  major,  13 

13 — of  the  election  of  the  brigadier  general,  13 

14 — of  the  duty  of  the  captains,  14  i 

— of  the  punishment  of  defaulters,  41 

15 — of  the   same,  14 

16 — of  fines  and  their  collection,  14  i 

17 — commissioned  officers,  how  long  compelled  to  serve,  15 

18 — in  case  any  beat  shall  fail  or  refuse  to  organize, 

19 — oath  of  each  commissioned  officer, 

20 — of  the  duties  of  colonel, 
— of  court   martial,  how  and  when  to  be  ordered, 
— regiment  to  assemble  for  drill,  how  often, 
— company  officers  to  be  instructed  when  and  how, 
— penalty  for  officers  failing  to  attend, 

21 — How  long  colonel,  lieut.  colonel  and  major  are 

compelled  to  serve, 

22 — of  contested  elections, 

23 — commissioned  officers,   how   they  may  vacate 

their  office, 
— of  a  court  of  inquiry  for  redress  of  grievances, 

24 — charges  against  a  commissioned  officer,  how  to 

proceed  in, 

25 — charges   against   the  brigadier-general,   how  to 

proceed  in, 

26 — of  proceedings  before  a  court  martial, 

27 — ^judge  advocate,  the  oath  of, 

— duties  of  the,  < 

— oath  of  members  of  court  martial, 

28 — no  officer  or  jirivate   going  to,  returning  from, 

or  attending  upon  courts  martial  to   be  arrested  by 

civil  process, 

29 — adjutant  general  to  be  appointed, 
"  "        his  duties, 

"  "        shall  be  ordnance  officer, 

— assistant-quartermaster  general, 
— clerks  in  adjutant  general's  office,  and  their  salary, 

30 — governor  shall  appoint  aids  de  camp,  rank  of, 

31 — of  military  forms,  how  to  be  furnished, 

32 — of  state  and  regimental  colors, 

33 — of  furloughs  in  general, 

34 — of  the  duty  of  the  governor  in  case  of  invasion, 

— of  drafting, 

— officers  how  excused. 


State  Trooi-s,  Continued. 

Section  35— of  substitutes,  19 

"     36 — of  pay  and  rations  of  state  troops,  20 

"     37 — of  volunteer  companies  heretofore  organized,  20 

"     38 — of  dissolving  a  volunteer  company,  20 

"     39 — returns  of  volunteer  companies,  -when  and  to 

whom  made,  20 

of  volunteer  companies  failing  to  make  returns,  20 

40 — of  cancelling  the  commissions  of  brigadier  ffen- 
erals  lieretofore  appointed,  20 

"  41 — rules  and  regulations  of  the  regular  army  of  the 
Confederate  States  to  be  observed  in  discipline  of 
State  troops,  20 

"  42 — of  duties  of  the  president  of  courts  martial  in  cer- 
tain cases  as  to  fines, 

43 — all  persons  raising  troops  for  Confederate  service 
in  this  State,  to  report  to  adjutant  general,  21 

44— appropriation  for  purchasing  books,  forms,  &c.,        21 
register  to  be  kept,  61 

State  Bonds. 

(see  loan,) 
Stay  Law.  c 

O 

State  A,rm8. 

to  be  delivered  up,  52 

Stephens. 

county  of,  g 

Suits. 

in  federal  courts,  how,  and  when  transferred  to  state  courts,      25 

how  affected  by  stay  law,  6 

Confederate  States  may  be  party  to,  in  state  courts,  39 

Supreme  Court. 

allowed  during  the  war,  to  sit  elsewhere  than  Galveston,  22 
cases  in,  how  called,                                                                        10-11 

appeal  to,  in  felony  cases  regulated,  38 

Sydney. 

county  seat  of  McMulleu  county,  28 

T 

Taxes. 

special,  laid  by  county  courts,  for  war  purposes  legalised,  6 

concerning  certain  special-taxes,  37 

certain,  to  be  paid  in  specie,  37 

law  regulating  assessment  of,  amended,  45 

law  concerning,  again  amended,  5O 

Transportation. 

of  clothing,  29 

Treasurer  of  the  State. 

chief  clerk  may  sign  his  name,  44 

member  of  military  board,  4I 


XII. 

Pu. 
Treasury  Warrants, 

for  what  public  dues  receivable,  37 

as  to  disbursement  of,  38 

an  act  concerning  interest  on,  repealed,  34 

frontier  debt  may  be  liquidated  in,  44 

u 

Unifoumkd  Companies,  10 

United  States  Bonds,  45 

V 

Venditioni  Exponas.— (sec  stay  law.) 
VooiiT,  Adam. 

to  organize  Kendall  county,  32 

w 

War,  Marine,  4 

Warrant.*. 

of  the  Staff,  bearing-  interest,  34 

War  Ta.\, 

eountiLS  authorized  to  levy,  23 

Wills. — (see  estates  of  deceased  persons,) 

Witness. 

recognizance  of,  not  to  be  forfeited,  7 

evidence  of,  may  be  perpetuated,  41 

Wool  (iRowiNC.  Interest. 

law  to  protect,  21 


DEPARTMENT  OF  STATE,  > 

Austin,  Texas,  May  29th,  1862.  \ 
I,  C   S.  West,  Secretary  of  State  of  tlic  State  of  Texas,  do  herehy  certify 
that  I  have  comnared  the  fore^roincr  Laws  and  Joint  K.\sohition.s  of  the  Ninth 
Legislature,  with  the  ong:inals  now  on  file  in  the  Dcnartnient  of  State,  and 
that  they  are  triio  copies  of  such  originals. 

I  further  certity  that  the  Ninth  Lef>:islature  of  the  State  of  Texas,  assembled 
on  Monday,  4th  of  November,  1861,  and  adjourned  on  the  14th  day  of  January 
A.  D.,  18G2.  •' 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and 
athxed  the  Seal  of  the  Department  of  State  the  day  and  date 
above  written. 

C.  S.  WEST, 

6'ecretary  of  State. 


f'iif;S;i^':*;';.;;w^i!': 


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